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People v. Spence

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 604 (N.Y. App. Div. 1998)

Opinion

June 22, 1998

Appeal from the County Court, Nassau County (Wexner, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court properly refused to charge the affirmative defense to the charges of robbery in the first degree and burglary in the first degree since he failed to meet his burden of showing that the gun displayed during the course of the crimes was unloaded or inoperable ( see, People v. Cotarelo, 71 N.Y.2d 941; People v. Basilone, 186 A.D.2d 747).

In addition, we reject the defendant's contention that the evidence of physical injury was insufficient to sustain his conviction for robbery in the second degree under the third count of the indictment. Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that, in the course of the commission of the crime of robbery in the second degree, the defendant caused the complainant physical injury (see, Penal Law § 160.10 [a]; § 10.00 [9]; People v. Greene, 70 N.Y.2d 860; People v. Dailey, 222 A.D.2d 278; People v. Valentine, 212 A.D.2d 399; People v. Rivera, 183 A.D.2d 792; People v. Goico, 122 A.D.2d 576).

The sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

Mangano, P.J., Bracken, Krausman and McGinity, JJ., concur.


Summaries of

People v. Spence

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 604 (N.Y. App. Div. 1998)
Case details for

People v. Spence

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNISTON SPENCE…

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

Date published: Jun 22, 1998

Citations

251 A.D.2d 604 (N.Y. App. Div. 1998)
673 N.Y.S.2d 941

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