From Casetext: Smarter Legal Research

People v. Butts

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 1992
181 A.D.2d 432 (N.Y. App. Div. 1992)

Summary

holding that robber displays a weapon by putting his hand inside his jacket and asking victim if it would "make a difference" if he had a gun

Summary of this case from Moses v. Com

Opinion

March 5, 1992

Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).


Evidence at trial was that defendant accosted the complainant on the street, robbed him of his money, forced him to assist defendant in burglarizing the complainant's apartment, and then forced him to accompany defendant and an accomplice on an automobile ride to a Bronx location where defendant directed the complainant to assist in the exchange of the complainant's television set for what appeared to be drugs. When defendant's initial demand for money was rebuffed by the complainant, defendant put his hand inside his jacket pocket and asked if it would "make a difference" if he had a gun. Thereafter, defendant kept his hand in his pocket as he gave orders to the complainant. Believing that defendant had a gun, and fearing for his life, the complainant complied with defendant's demands.

Contrary to defendant's claim on appeal, defendant's reference to a gun, combined with his demands upon the complainant while keeping his hand in his jacket pocket, constituted sufficient evidence of a display of what appeared to be a firearm, to support that element of both robbery in the first degree and burglary in the first degree (see, e.g., People v Lopez, 73 N.Y.2d 214). The same words and conduct sufficed to establish the threatened use of deadly physical force element of kidnapping in the second degree (see, e.g., People v Dodt, 61 N.Y.2d 408, 414-415).

As the robbery was completed at the time the personal property was deposited in the automobile driven by defendant's accomplice, the kidnapping charge is separate and distinct from the robbery charge. Thus defendant's claim, raised for the first time on appeal, that the kidnapping charge should be merged with the robbery count as incidental thereto and inseparable therefrom, is meritless (see, e.g., People v Epps, 160 A.D.2d 171, lv denied 76 N.Y.2d 734).

We have considered defendant's additional and alternative claims and find them to be without merit.

Concur — Murphy, P.J., Rosenberger, Ellerin and Kassal, JJ.


Summaries of

People v. Butts

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 1992
181 A.D.2d 432 (N.Y. App. Div. 1992)

holding that robber displays a weapon by putting his hand inside his jacket and asking victim if it would "make a difference" if he had a gun

Summary of this case from Moses v. Com
Case details for

People v. Butts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER BUTTS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 5, 1992

Citations

181 A.D.2d 432 (N.Y. App. Div. 1992)

Citing Cases

People v. Wells

Appeal from the Supreme Court, New York County (Rose Rubin, J.). Defendant failed to preserve his challenge…

People v. Stokes

In any event, if we were to review this claim, we would find that it was not an abuse of discretion to…