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Published on: July 5, 2012

NY Supreme Court Decides if Crime Supports a First Degree Robbery Charge

by Stephen Bilkis

H C was charged with two counts of attempted robbery in the first degree stemming from an incident that occurred on January 20, 1981. Allegedly, he attempted to grab bags from two women standing on a subway platform. Mr. C was unsuccessful in attempting to steal either bag. Additionally, Mr. C was charged one count of first degree robbery and one count of attempted first degree robbery for stealing a bag from another woman who was standing on a subway platform. Mr. C’s criminal defense attorney filed a motion to dismiss these charges based on the arguments that the events that were reported did not satisfy the elements of robbery or attempted robbery. Under New York law, robbery in the first degree and attempted robbery in the first degree require an element of force, threat or use of a dangerous instrument, such as a gun, knife or other weapon. This differs from other crimes involving theft of property, such as larceny or burglary.

The New York County Supreme Court was charged with determining whether the facts of the crime supported a first degree robbery charge. After reviewing the the Grand Jury proceedings, the court held that the evidence presented was sufficient to charge Mr. C with first degree robbery and first degree attempted robbery.

Published on: July 3, 2012

New York Appellate Court Decides if Robbery Charges Should Stand Based on the Evidence Presented

by Stephen Bilkis

R T was charged with three counts of robbery in the first degree and three counts of robbery in the third degree for his alleged participation in an event that occurred on October 9, 1977. Mr. T’s brother George was also charged for his alleged role in the crime.

Early in the morning on the day in question, Nathaniel S, Magdelena H and Mildred L were at a Manhattan bar known as “Location 40”, located at 1624 Amsterdam Avenue. H owned the bar and her sister M worked as a barmaid. S was a patron of the establishment. Shortly before 2:00 in the morning, Harris went outside to take out the garbage. While outside, she noticed two men standing a telephone booth across the street. One man was wearing a green parka while the other wore an orange rain suit. At approximately 2:15 a.m., the man in the green parka, whom Harris recognized as a customer named R T, came into the bar carrying an open can or either beer or soda inside a paper bag. H informed Mr. T that he could not bring the drink in with him. Mr. T then said he wanted to use the phone and proceeded to the rear of the bar. Apparently, he was not successful in completing the call and three witnesses stated that the coin he deposited was returned.

Published on: July 2, 2012

New York Appellate Court Reverses, Claiming Double Jeopardy

by Stephen Bilkis

D was charged with first-degree robbery, a charge that was later dismissed by the trial court based on insufficient evidence. At the close of the trial, Mr. M’s attorney argued that the prosecutor had failed to establish the use or threat of use of a dangerous weapon, which was considered an essential element of the crime. Robbery differs from other crimes involving the deliberate theft of someone’s property, such as larceny, which typically does not involve the use of force.

The trial judge agreed with this argument and instructed the jurors that they could find Mr. M guilty only of robbery in the second or third degree. The jury was unable to reach a verdict and a mistrial was declared.

Published on: July 1, 2012

New York Appellate Court Reverses, Contending Jury Wasn’t Properly Instructed on the Crime of Robbery

by Stephen Bilkis

On July 28, 1971, E was convicted in the Bronx County Supreme Court of two counts of murder and felony possession of a weapon. The murder convictions were based on allegations that Mr. D, acting in concert with another person, shot and killed Dolores S and Wilfredo H during the commission of a robbery. Under New York law, robbery is defined as the taking of another person’s property through the use of threats or force. In cases where a weapon is involved, the charge may be elevated to aggravated robbery. Robbery differs from other property crimes, such as burglary, which generally does not involve the use of force against another person.

Following his conviction, Mr. D’s attorney filed an appeal on his behalf, alleging that the jury was never properly instructed as to the elements of robbery and criminal attempt.

Published on: June 30, 2012

Defendant Successfully Files for Writ of Habeas Corpus

by Stephen Bilkis

Shortly after 11 p.m. on Friday, January 6, 1994, two people forced their way into the South Third Street apartment of the Garcia family. The two individuals threatened Bernardo G as well as his wife and two young daughters. They then forced Mr. G to give them the keys to Diana’s Grocery, of which the as were owners. At some point during the robbery, another person entered the apartment. Additional individuals were involved in the robbery of the grocery store and the involved parties communicated via walkie-talkie throughout the event.

On March 4, 1994, neighborhood resident John V was arrested shortly after stopping at the Garcia’s store, apparently to buy a snack. He alone stood trial for the robbery. The other individuals who were arrested pled guilty to their charges. Mr. V was found guilty of six counts of robbery in the first degree, four counts of robbery in the second degree, five counts of burglary in the first degree and two counts of assault in the second degree. Had the Gs not been home when the crime occurred, the men would likely have been charged with burglary or another lesser crime, such as larceny.

Published on: June 29, 2012

Defendant Files Appeal in NY Appellate Court Based on Improper Jury Instructions

by Stephen Bilkis

On June 15, 1982, Joseph C was convicted of robbery in the first degree, robbery in the second degree and criminal possession of stolen property in the third degree in the Supreme Court of Richmond County, New York. Mr. C’s attorney appealed the conviction to the Supreme Court Appellate Division, Second Department.

Mr. C’s appeal centered on the trial judge’s alleged failure to charge the jury that the firearm used in the crime was not actually loaded and therefore, was not capable of causing serious bodily injury or death to the robbery victim. According to his defense lawyer, the judge should have used this information to charge the jury with an affirmative defense to robbery. Had the crime not involved any weapon at all, Mr. C may have only been charged with larceny or a similar crime involving property theft.

Published on: June 28, 2012

New York Appellate Court Decides if Defendant is Receiving Double Punishment for Robbery and Attempted Assault

by Stephen Bilkis

Daniel D was indicted along with five other individuals for the murder in the first degree of George Simon. All of the defendants were acquitted of the murder charge but Mr. D was ultimately convicted of assault with intent to kill. For this conviction, he received a sentence of 5 to 10 years. Following his conviction, evidence surfaced that lead to an indictment of Mr. Di Lapo on several counts of burglary in the first degree and attempted robbery in the first degree. On the advice of his defense attorney, Mr. D plead guilty to one count of attempted robbery in the first degree. The Erie County Court sentenced him to a term of 5 to 15 years, to be served consecutively with his previous sentence. Later, this sentence was reduced to 5 to 11 years but was still required to be served consecutively. Mr. D appealed the sentence to the Appellate Division, Fourth Department. The Appellate Division subsequently affirmed the trial court’s decision unanimously.

The case then proceeded to the New York State Court of Appeals. The Court was asked to consider whether the elements of the alleged Robbery and the elements of the first degree attempted assault similar enough to prevent the defendant from receiving a double punishment as prescribed under New York law.

Published on: June 27, 2012

New York Appellate Court Charged With Determining If There is Sufficient Evidence for Robbery Charge

by Stephen Bilkis

John G was charged with one count of robbery in the first degree stemming from an incident that occurred on May 22, 2008. In that incident, Mr. G entered the Commerce Bank branch on Hugenot Avenue in Richmond County, New York and handed a nearby teller a note. The note stated he had a gun and she was to turn over the contents of her till without speaking or drawing attention to herself. The teller filled a bag that Mr. G had provided with approximately $1,810. Mr. G then left the bank and was arrested for the crime several months later. The teller never actually saw a weapon in Mr. G’s possession and it was later established that the only evidence that he did have a gun was the note he had written.

The prosecutor presented this evidence to the grand jury, which resulted in an indictment for first degree robbery being entered against Mr. Gt. His attorney then filed an omnibus motion with the Supreme Court of Richmond County, requesting that the first degree robbery count be removed from the indictment in favor of a third degree robbery charge. The Supreme Court granted Mr. G’s motion and the charge was reduced accordingly.

Published on: June 25, 2012

New York Appellate Court Concludes that Robbery Charge is Contradictory to Murder Charge

by Stephen Bilkis

Timothy M was indicted on first degree robbery charges stemming from an incident that occurred on January 5, 1992. In that incident, Mr. M, along with a group of approximately 15 others, was walking along Jefferson Avenue in Rochester, New York. The group happened upon Charles G, an individual known in the neighborhood as a frequent shoplifter. At the time, Mr. G was holding a large plastic garbage bag, which apparently contained stolen clothing. Mr. M told the other members of his group that he was going to steal the bag from Mr. G. One of the boys in the group had a gun that he fired as Mr. M attempted to steal the bag from Mr. G. Additional shots were fired and Mr. G died of a gunshot wound to the neck.

Mr. M was charged with two counts of second degree murder and two counts of first degree robbery. At trial, Mr. M’s attorney asked the judge to charge the jury regarding attempted robbery in the first degree as a lesser included offense. No witnesses testified that Mr. M was in possession of the gun and he was subsequently convicted of attempted robbery and acquitted of the other counts.

Published on: June 23, 2012

Defendant Files for Appeal Arguing Trial Court Disallowed Expert Testimony

by Stephen Bilkis

Quentin A was convicted of the robbery of a 13-year-old girl. The victim in the case testified that he used a knife to commit the crime, which distinguished it from other crimes involving the theft of property, such as petty larceny, which does not involve the use of force or threats. Mr. A appealed his case to the Appellate Division of the New York State Supreme Court. His defense lawyer argued that Mr. A deserved a new trial since the trial court did not allow the defense to submit expert testimony concerning the validity of eyewitness identifications.

According to the victim, Farhana U., Mr. A approached her as she was walking down the stairs into the subway at Essex and Delancey Streets. Mr. A came within two feet of her and asked for some change. Farhana told Mr. A she did not have any change and continued down the stairs. Mr. A walked past her up the stairs, then came back down and stood in front of her. He proceeded to hold a knife to her neck and demand that she give him the necklace she was wearing. Farhana resisted but Mr. A grabbed the necklace and proceeded to run off up the stairs. Farhana reported the robbery to the token booth clerk.