N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Theft / ARTICLE Robbery
New York Consolidated Laws

N.Y. Penal Law § 160.15 (2026)

Robbery in the first degree

✓ current as of May 2026
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§ 160.15 Robbery in the first degree.
  A person is guilty of robbery in the first degree when he forcibly
steals property and when, in the course of the commission of the crime
or of immediate flight therefrom, he or another participant in the
crime:
  1. Causes serious physical injury to any person who is not a
participant in the crime; or
  2. Is armed with a deadly weapon; or
  3. Uses or threatens the immediate use of a dangerous instrument; or
  4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this
subdivision shall constitute a defense to a prosecution for, or preclude
a conviction of, robbery in the second degree, robbery in the third
degree or any other crime.
  Robbery in the first degree is a class B felony.
Notes of Decisions
Cited in 1,780 cases (129 in the last 5 years), 1969–2026 · leading case: The People v. Charles Smith, 75 N.E.3d 84 (NY 2017).
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The People v. Charles Smith, 75 N.E.3d 84 (NY 2017). · cites it 21× “23 to be legally sufficient to establish display of what appears to be a firearm under Penal Law § 160.15 (4). Here, the evidence presented a question of fact for the jury to determine whether a reasonable person would believe that defendant displayed what appeared to be a…”
People v. Howard, 4 N.E.3d 320 (NY 2013). · cites it 9× “nley) (collectively, *392 defendants) were not deprived of effective representation at trial by, among other alleged omissions, counsel’s failure to assert as an affirmative defense that one of two weapons allegedly displayed during the robbery “was not a loaded weapon from…”
People v. Lopez, 535 N.E.2d 1328 (NY 1989). · cites it 13× “The question common to the appeals is whether the evidence in each case is sufficient to prove that, during the course of the robbery, the defendant *218 displayed what appears to be a firearm, the element necessary to elevate the crime to the first degree (Penal Law § 160.15…”
People v. Miller, 661 N.E.2d 1358 (NY 1995). · cites it 18× “25 [1], [3]) and two counts of robbery in the first degree (Penal Law § 160.15 [1], [2]) stemming from his participation in a foiled robbery that left the victim dead from a gunshot wound to the neck.”
People v. Grant, 959 N.E.2d 479 (NY 2011). · cites it 16× “In this appeal, we are called upon to determine whether defendant’s written statement threatening to shoot a robbery victim with a gun constitutes legally sufficient evidence that he was in actual possession of a dangerous instrument at the time of the crime to support the…”
People v. Ramirez, 677 N.E.2d 722 (NY 1996). · cites it 9× “1 The indictment charged defendant with three counts of robbery against the Mount Vernon Money Center and two individuals, for a total of nine counts of robbery in the first degree (Penal Law § 160.15). The jury found defendant guilty of each of these counts.”
Jones v. United States, 526 U.S. 227 (1999). · cites it 4× “§ 636:1(III)(c) (1996) (class A felony of robbery; "[i]nflicted or attempted to inflict death or serious injury"); N. Y. Penal Law § 160.15 (McKinney 1988) (robbery in the first degree; "[c]auses serious physical injury"); Ore.”
People v. Ford, 903 N.E.2d 256 (NY 2008). · cites it 8× “On appeal, defendant contended that Penal Law § 160.15 (3) [1] requires the People to establish defendant's "actual possession" of a dangerous instrument, and there was insufficient evidence that he had actually possessed a knife during one of the robberies.”
The People v. Phillip Couser, 68 N.E.3d 26 (NY 2016). · cites it 6× “27 [1] [a] [vii]), one count of first-degree robbery (see Penal Law § 160.15 [4]), two counts of second-degree criminal possession of a weapon (see Penal Law § 265.”
Stuckey v. United States, 878 F.3d 62 (2d Cir. 2017). · cites it 5× “he or another participant in the crime: 1) Causes serious physical injury to any person who is not a participant in the crime; or 2) Is armed with a deadly weapon; or 3) Uses or threatens the immediate use of a dangerous instrument; or 4) Displays what appears to be a .”
The People v. Chris Price, 80 N.E.3d 1005 (NY 2017). · cites it 4× “Defendant was convicted by a jury of two counts of robbery (Penal Law §§ 160.15 [4]; 160.10 [1]). At the trial, a witness testified that he was conducting milk deliveries with the victim when he noticed -- from his vantage point inside the delivery truck -- that someone was…”
United States v. Rosa, 507 F.3d 142 (2d Cir. 2007). · cites it 5× “” N.Y. Penal Law § 160.15 (4). Because the availability of this affirmative defense is the only relevant distinction here between first and second degree robbery, the government asserted, the defendant’s plea to first degree robbery waived the affirmative defense and logically…”
Show all 1,780 citing cases →
— N.Y. Penal Law § 160.15(1) — 11 cases
People v. Minchala, 2021 NY Slip Op 02826 (N.Y. App. Div. 2021).
Allen v. State, 970 A.2d 203 (Del. 2009).
People v. Minchala, 2023 NY Slip Op 05153 (N.Y. App. Div. 2023).
People v. Aragundi, 2021 NY Slip Op 02811 (N.Y. App. Div. 2021).
Jarrett v. Headley, 633 F. Supp. 1403 (S.D.N.Y. 1986).
— N.Y. Penal Law § 160.15(2) — 5 cases
Nathan Sams v. Hans Walker, Superintendent, Auburn Corr. Facility, 18 F.3d 167 (2d Cir. 1994).
Steele v. Filion, 377 F. Supp. 2d 332 (W.D.N.Y. 2005).
Martin v. Conway, 764 F. Supp. 2d 545 (W.D.N.Y. 2011).
People v. St. Hill, 2022 NY Slip Op 06945 (N.Y. App. Div. 2022).
Newton v. Burge, 436 F. Supp. 2d 589 (W.D.N.Y. 2006).
— N.Y. Penal Law § 160.15(3) — 10 cases
Lynch v. Dolce, 789 F.3d 303 (2d Cir. 2015).
Alexander v. Keane, 991 F. Supp. 329 (S.D.N.Y. 1998).
People v. Minchala, 2023 NY Slip Op 05153 (N.Y. App. Div. 2023).
People v. McKenzie, 2017 NY Slip Op 5243 (N.Y. App. Div. 2017).
People v. Aragundi, 2021 NY Slip Op 02811 (N.Y. App. Div. 2021).
— N.Y. Penal Law § 160.15(4) — 20 cases
United States v. Rosa, 507 F.3d 142 (2d Cir. 2007). “” N.Y. Penal Law § 160.15 (4). Because the availability of this affirmative defense is the only relevant distinction here between first and second degree robbery, the government asserted, the defendant’s plea to first degree robbery waived the affirmative defense and logically…”
Steven Mitchell v. Charles Scully, Superintendent, Greenhaven Corr. Facility, 746 F.2d 951 (2d Cir. 1984).
People v. Costan, 2021 NY Slip Op 04760 (N.Y. App. Div. 2021).
Carpenter v. Reynolds, 212 F. Supp. 2d 94 (E.D.N.Y 2002).
Stuckey v. United States, 224 F. Supp. 3d 219 (S.D.N.Y. 2016).
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