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People v. Moore

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
192 A.D.3d 431 (N.Y. App. Div. 2021)

Opinion

13270 Ind. No. 2799/17 Case No. 2019-1992

03-04-2021

The PEOPLE of the State of New York, Respondent, v. James MOORE, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Shaina R. Watrous of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Shaina R. Watrous of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jennifer Westphal of counsel), for respondent.

Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered January 8, 2019, convicting defendant, after a jury trial, of robbery in the third degree and three counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 3½ to 7 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentences to time served, and otherwise affirmed.

The verdict was not against the weight of the evidence ( People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The evidence supports the inference that defendant intended to use force to accomplish the theft of the victim's wallet, including an effort to forcibly retain the wallet after taking it ( see generally People v. Gordon, 23 N.Y.3d 643, 650, 992 N.Y.S.2d 700, 16 N.E.3d 1178 [2014] ). The testimony of the victim and a surveillance video showed that defendant leaned into or pushed the victim causing him to fall, took his wallet, and then shook his cane at the victim and engaged in a shoving match when the victim confronted him about the theft.

We find that the sentence warrants reduction in the interest of justice to the extent indicated.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2021
192 A.D.3d 431 (N.Y. App. Div. 2021)
Case details for

People v. Moore

Case Details

Full title:The People of the State of New York, Respondent, v. James Moore…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 4, 2021

Citations

192 A.D.3d 431 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 1336
139 N.Y.S.3d 806