This is an appeal from a judgment made by the County Court of Albany County. The defendant was convicted of two counts of robbery in the second degree.
The criminal defendant was convicted after a jury trial for participating in an armed robbery of two individuals who were in a car in the city of Albany. As one of the individuals was getting out of the car a man carrying a gun approached the driver’s side door of the car and pointed a gun at his head and demanded money. The victim turned over money, jewelry, and his cell phone.
A second gunman, who the People identify as the defendant, approached the passenger side of the car and demanded that the passenger empty his pockets, which he did. The victims were then forced out of the car, and told to lie on the ground. The defendant and his partner searched through the car. During this time both of the victims were hit in the head with the guns. Assault could have been charged.
The gun men left and one of the victims found a prepaid cell phone lying on the ground by the vehicle. This was later determined to belong to the defendant.
Not long after the incident, while the victims were reporting the incident to the police and turning over the cell phone that they had found, a call came into the defendant’s phone from the cell phone that had been stolen during the robbery.
The victim answered the phone and arranged to switch cell phones with the caller, but the caller did not show up at the arranged meeting place. During the incident the gunmen wore bandanas over their faces and the victims could not identify them. However, the victims described the height and clothing of the second gunman. The defendant’s accomplice was not apprehended.
A police officer was told to go to the home of the defendant’s parents in Albany. At around seven thirty in the morning the officer saw the defendant get out of a taxi. When the defendant saw the police car he immediately fled.
The police talked to his parents and they eventually brought him in for questioning. The defendant first stated that he was at his sister’s during the incident, but the sister denied this when she was called. The defendant then confessed to participating in the robbery.
Court Discussion and Decision
The defendant argues that his sentence is excessive. However, even though the defendant is only seventeen years old and has a lack of violent history, the court does not find that the sentence was unduly harsh or excessive. The sentence was a lot less than the maximum authorized sentence and given the active role of the defendant in the incident, the sentence is fair.
The previous judgment and sentence is affirmed.
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