PEOPLE V. REID 69 N.Y. 2d 469, 508 N.E.2d 661 (1987) CASE BRIEF

PEOPLE V. REID

69 N.Y. 2d 469, 508 N.E.2d 661 (1987)

NATURE OF THE CASE: Consolidated appeals of criminal defendants from judgments of the Appellate Division, which affirmed judgments of the trial court that convicted defendants of robbery.

FACTS: Reid (D) was charged in a multi-count indictment with felony murder, three counts of robbery in the first degree, one count of criminal possession of a weapon in the third degree and various other crimes. He was acquitted of the murder count but convicted of the robbery and possession counts. D forcibly took money from three others. The evidence established that D and his stepbrother, Andre McLean, approached Arthur Taylor, Donnie Peterson and Donald Thompson, while the three men were standing on a street corner in The Bronx. D and McLean were holding pistols when D demanded that the three men hand over money 'that belonged to him,' apparently referring to money owed him as the result of prior drug transactions. Taylor and Thompson gave D money but Peterson responded that he had none and would have to go upstairs to his apartment to get some. As the men walked up the stairs, toward Peterson's apartment, D 'snatched' McLean's pistol, placed it in his waistband and demanded that McLean turn over money he was holding for him. McLean handed D $300. A moment later, he rushed at D, a 'shot went off' striking McLean and D fled. McLean subsequently died from a single gunshot wound to his chest.

Riddles (D1) was indicted for robbery in the second degree and assault in the second degree. He was convicted after a bench trial of robbery in the third degree for forcibly taking money from Genevieve Bellamy. Bellamy maintained that while she was waiting for a taxi at a street corner in The Bronx, D1, whom she did not know, drove up to the curb and asked for directions. When she leaned into D1's automobile to help him, D1 grabbed her, forced her into the car and demanded money. D1 struck her in the face, searched her pockets, and, upon discovering $50, took the money and ordered her out of the automobile. D1 disputed her story. He testified that he knew Bellamy prior to the incident and that she owed him $25. He stated that he met her on the evening of November 10 and she offered to pay him $15 toward her debt if he drove her downtown so she could pick up a package. D1 maintained that he took Bellamy downtown, as she asked, but that she was unable to obtain her package so he drove her back uptown. D1 testified that during the return trip, Bellamy again offered to pay him $15 toward her debt, but upon seeing her counting a large sum of money, he took the full amount she owed him, $25, and no more. The court stated that it credited the portion of D1's testimony indicating that he had taken the money from Bellamy to satisfy a debt but the court held that because defendant used force he was nevertheless guilty of robbery.

Ds appealed and their appeals were consolidated.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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