[Download] "People State New York v. Tyrone Lester" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Tyrone Lester
- Author : Supreme Court of New York
- Release Date : January 20, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Complainant, while attempting to unlock the inner door to her apartment lobby, was confronted from behind by the defendant,
who concealed his right hand inside the left breast area of his jacket and threatened that "nobody [would] get hurt" if complainant
handed over her money. The complainant, realizing that she was in direct view of the lobby's surveillance camera, attempted
to stall for time by challenging defendant to show her the gun. She testified that she "couldn't be sure" if defendant had
a gun, but was nonetheless fearful that she would be shot when defendant, pursuant to his threat, began counting to three
so as to compel complaint to hand over her money. In response, complainant put her hands in the air, prayed out loud, and
braced herself for being shot. This unfolding incident was being observed by certain building employees who were watching
the surveillance monitor. One employee recollected that complainant was on her knees and had a worried expression on her face.
Another of the employees recalled that complainant handed over her bag to the defendant, who continued to keep his right hand
hidden inside his jacket. Complainant, who experienced a very severe and heavy pain across her chest and left arm, was subsequently
hospitalized and diagnosed as having suffered a life-threatening heart attack which caused damage to her hear muscle. The
defense rested without presenting any evidence. Defendant argues the court erred in failing to charge robbery in the third degree as a lesser included offense of the robbery
in the first degree, on the ground that the evidence, reasonably viewed, supported a finding that complainant did not believe
defendant to be armed. We disagree. Viewing the evidence in the light most favorable to the defendant, as is required (People
v. Martin, 59 N.Y.2d 704), there is no basis in this record upon which a juror could reasonably conclude complainant believed
defendant to be unarmed.