People v. Wilkes

Appellate Division of the Supreme Court of New York

People v. Wilkes

16 A.D.2d 962, 229 N.Y.S.2d 793, 1962 N.Y. App. Div. LEXIS 9166

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

DecidedJune 18, 1962

StatusPublished

Cited by4 cases

This text of 16 A.D.2d 962 (People v. Wilkes) 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. Wilkes, 16 A.D.2d 962, 229 N.Y.S.2d 793, 1962 N.Y. App. Div. LEXIS 9166 (N.Y. Ct. App. 1962).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, at an appointed Additional Term, rendered February 6, 1961 after a jury trial, convicting him of robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentencing him as a second felony offender to serve a term of 15- to 20 years. Judgment affirmed. The evidence warranted the implicit finding of the jury that the employee, who was in charge of the establishment where the crimes were perpetrated, was in the ladies’ room thereof when the money was taken from the cash register and a closet, but that at the point of a gun the defendant had ordered her to go into such room. Therefore she and the defendant were not in the view of each other at the time the money was taken. This fact, however, does not mean that the money was not taken, as set forth in section 2120 of the Penal Law, “in the presence of” such employee (see 77 C. J. S., Robbery, § 9, p. 455, and eases there cited). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, at an appointed Additional Term, rendered February 6, 1961 after a jury trial, convicting him of robbery in the first degree, grand larceny in the second degree and assault in the second degree, and sentencing him as a second felony offender to serve a term of 15- to 20 years. Judgment affirmed. The evidence warranted the implicit finding of the jury that the employee, who was in charge of the establishment where the crimes were perpetrated, was in the ladies’ room thereof when the money was taken from the cash register and a closet, but that at the point of a gun the defendant had ordered her to go into such room. Therefore she and the defendant were not in the view of each other at the time the money was taken. This fact, however, does not mean that the money was not taken, as set forth in section 2120 of the Penal Law, “in the presence of” such employee (see 77 C. J. S., Robbery, § 9, p. 455, and eases there cited). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

16 A.D.2d 962, 229 N.Y.S.2d 793, 1962 N.Y. App. Div. LEXIS 9166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilkes-nyappdiv-1962.

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