People v. Walter S.

Appellate Division of the Supreme Court of New York

People v. Walter S.

99 A.D.2d 555, 471 N.Y.S.2d 645, 1984 N.Y. App. Div. LEXIS 16783

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

DecidedJanuary 30, 1984

StatusPublished

This text of 99 A.D.2d 555 (People v. Walter S.) 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. Walter S., 99 A.D.2d 555, 471 N.Y.S.2d 645, 1984 N.Y. App. Div. LEXIS 16783 (N.Y. Ct. App. 1984).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Savarese, J.), rendered April 24, 1980, adjudicating him a youthful offender, upon a jury verdict finding him guilty of robbery in the third degree and criminal possession of stolen property in the second degree, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. The case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to GPL 160.50. The fines, if paid, are ordered remitted. The People failed to establish beyond a reasonable doubt the element of intent. This precise issue was dealt with in an earlier appeal by one of appellant’s codefendants. (See People v Jones, 89 AD2d 876.) In the case at bar, the fact that this appellant is a cousin of the actual robber, and was the driver of the car occupied by the perpetrator, does not in any way provide additional evidence of guilt. Lazer, J. P., Thompson, Weinstein and Niehoff, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County (Savarese, J.), rendered April 24, 1980, adjudicating him a youthful offender, upon a jury verdict finding him guilty of robbery in the third degree and criminal possession of stolen property in the second degree, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. The case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to GPL 160.50. The fines, if paid, are ordered remitted. The People failed to establish beyond a reasonable doubt the element of intent. This precise issue was dealt with in an earlier appeal by one of appellant’s codefendants. (See People v Jones, 89 AD2d 876.) In the case at bar, the fact that this appellant is a cousin of the actual robber, and was the driver of the car occupied by the perpetrator, does not in any way provide additional evidence of guilt. Lazer, J. P., Thompson, Weinstein and Niehoff, JJ., concur.

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Bluebook (online)

99 A.D.2d 555, 471 N.Y.S.2d 645, 1984 N.Y. App. Div. LEXIS 16783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walter-s-nyappdiv-1984.

Opinion

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