People v. Watkins

Appellate Division of the Supreme Court of New York

People v. Watkins

212 A.D.2d 363, 622 N.Y.S.2d 249, 1995 N.Y. App. Div. LEXIS 940

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

DecidedFebruary 2, 1995

StatusPublished

This text of 212 A.D.2d 363 (People v. Watkins) 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. Watkins, 212 A.D.2d 363, 622 N.Y.S.2d 249, 1995 N.Y. App. Div. LEXIS 940 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered February 2, 1993, convicting defendant, after a bench trial, of two counts of robbery in the third degree, grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a [364]*364predicate felon, to concurrent terms of 3Vi to 7 years, 3Vi to 7 years, 2 to 4 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s contention that "complainant’s story was implausible and there was substantial doubt that [defendant] * * * intended to steal or forcibly steal property” is without merit. The trial testimony, credited by the factfinder (People v Mosley, 112 AD2d 812, 814, affd 67 NY2d 985), indicated that force was used in that complainant felt threatened by the stance taken by defendant during their initial encounter and by the words defendant spoke about just having been released from prison. Additionally, defendant threatened to kill complainant if the latter revealed the incident to anyone, tightly held complainant by the arm throughout the ordeal, and the arresting officers noticed that complainant was shaken by the experience. Concur—Wallach, J. P., Rubin, Kupferman and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered February 2, 1993, convicting defendant, after a bench trial, of two counts of robbery in the third degree, grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a [364]*364predicate felon, to concurrent terms of 3Vi to 7 years, 3Vi to 7 years, 2 to 4 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s contention that "complainant’s story was implausible and there was substantial doubt that [defendant] * * * intended to steal or forcibly steal property” is without merit. The trial testimony, credited by the factfinder (People v Mosley, 112 AD2d 812, 814, affd 67 NY2d 985), indicated that force was used in that complainant felt threatened by the stance taken by defendant during their initial encounter and by the words defendant spoke about just having been released from prison. Additionally, defendant threatened to kill complainant if the latter revealed the incident to anyone, tightly held complainant by the arm throughout the ordeal, and the arresting officers noticed that complainant was shaken by the experience. Concur—Wallach, J. P., Rubin, Kupferman and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

212 A.D.2d 363, 622 N.Y.S.2d 249, 1995 N.Y. App. Div. LEXIS 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-watkins-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack