People v. Robbins

Appellate Division of the Supreme Court of New York

People v. Robbins

118 A.D.2d 820, 500 N.Y.S.2d 177, 1986 N.Y. App. Div. LEXIS 54666

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 24, 1986

StatusPublished

Cited by18 cases

This text of 118 A.D.2d 820 (People v. Robbins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Robbins, 118 A.D.2d 820, 500 N.Y.S.2d 177, 1986 N.Y. App. Div. LEXIS 54666 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Lagaña, J.), imposed November 18, 1983.

Sentence affirmed.

The court properly imposed consecutive sentences for the defendant’s convictions of manslaughter in the first degree and criminal possession of a weapon in the second degree, since there was sufficient proof adduced at the trial that the offenses were separate and distinct acts, although arising out of the same transaction (see, People ex rel. Maurer v Jackson, 2 NY2d 259). Furthermore, while a weapon was used in the course of the commission of the manslaughter, nevertheless, possession of a deadly weapon or the display of a firearm is not a material element of manslaughter in the first degree (see, People v Gonzalez, 99 AD2d 1001; Penal Law § 125.20; cf. Penal Law § 70.25 [2]). Mollen, P. J., Gibbons, Thompson and Brown, JJ., concur.

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— Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Lagaña, J.), imposed November 18, 1983.

Sentence affirmed.

The court properly imposed consecutive sentences for the defendant’s convictions of manslaughter in the first degree and criminal possession of a weapon in the second degree, since there was sufficient proof adduced at the trial that the offenses were separate and distinct acts, although arising out of the same transaction (see, People ex rel. Maurer v Jackson, 2 NY2d 259). Furthermore, while a weapon was used in the course of the commission of the manslaughter, nevertheless, possession of a deadly weapon or the display of a firearm is not a material element of manslaughter in the first degree (see, People v Gonzalez, 99 AD2d 1001; Penal Law § 125.20; cf. Penal Law § 70.25 [2]). Mollen, P. J., Gibbons, Thompson and Brown, JJ., concur.

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Bluebook (online)

118 A.D.2d 820, 500 N.Y.S.2d 177, 1986 N.Y. App. Div. LEXIS 54666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robbins-nyappdiv-1986.

Opinion

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