CAL in the Courts

Conviction Reversed by Appellate Division


On May 30, 2017, the Appellate Division, First Department, reversed our client’s conviction for attempted first-degree robbery.  It was alleged that he attempted to rob a Sunglass Hut of a pair of sunglasses, after brandishing a knife.  He was charged with not only the robbery attempt, but also criminal possession of a weapon.  When the police arrested the defendant as he left the scene, they found no knife, and the jury acquitted of the weapon possession count. In its charge to the jury, the court failed to tell the jurors that, to be guilty of the robbery attempt, the client had to have actually possessed a knife during the incident.  Although the defense lawyer failed to object to the charge, the appellate court reversed in the interest of justice.