green
Positive treatment
3.3 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People v. Stroud
Further, we are satisfied that the jury afforded proper weight to the evidence in light of testimony regarding defendant’s physical response when the employee asked for the return of the DVDs (see People v Woodridge, 30 AD3d at 900 ; People v Jones, 4 AD3d 622, 623-624 [2004], lv denied 2 NY3d 801 [2004]; People v Brandley, 254 AD2d 185, 185 [1998], lv denied 92 NY2d 1028 [1998]).
discussed
Cited as authority (rule)
People v. Jones
“Given that defendant was in possession of the stolen property while he was engaged in such use of force, the jury was entitled to infer that his purpose in using force was to retain control of the stolen property, not merely to escape or defend himself’ (People v Brandley 254 AD2d 185, 185 [1998], lv denied 92 NY2d 1028 [1998] [citation omitted]; see People v Rychel, 284 AD2d 662, 663 [2001]).
Retrieving the full opinion text from the archive…
Simcha Diamond Corp.
v.
Ben Wolfe, Individually and Doing Business as 5th Avenue Estate Jewelry
v.
Ben Wolfe, Individually and Doing Business as 5th Avenue Estate Jewelry
Appellate Division of the Supreme Court of the State of New York.
Oct 22, 1998.
Published
Order, Supreme Court, New York County (Louise Cans, J.), entered on or about June 9, 1998, unanimously affirmed for the reasons stated by Cans, J., with costs and disbursements. No opinion. Concur— Milonas, J. P., Williams, Andrias and Saxe, JJ.