The People of the State of New York, Respondent, v. David Cruzado, Defendant–Appellant. (2016)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. David Cruzado, Defendant–Appellant.

288 Decided: February 23, 2016

Tom, J.P., Andrias, Moskowitz, Richter, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (William Terrell, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered November 9, 2012, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007] ). The evidence supports the conclusion that when defendant used force against a store employee, at least one of his objectives was to overcome the employee's resistance to defendant's retention of stolen merchandise (see People v. Gordon, 23 NY3d 643, 649–651 [2014] ). The record establishes that defendant still had the merchandise at the time he punched the employee and that he lost possession of it only in the midst of the altercation (see People v. Colon, 129 AD3d 597, 597 [1st Dept 2015], lv denied 26 NY3d 966 [2015] ). Thus, defendant's statement that he would surrender the merchandise was negated by his actions.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network