People v. Jose Alfaro


AD1 order dated June 30, 2011, affirming judgment of conviction. Decision below: 85 AD3d 686, 926 NYS2d 94. Ciparick, J., granted leave August 30, 2011.

ISSUES PRESENTED: (1) The admission into evidence of an imitation pistol, handcuffs, and handcuff keys found on the defendant upon arrest as circumstantial evidence of intent to commit a robbery, where the defendant was not charged with unlawful possession of those items and they were not used during the crime; additionally, the court’s failure to give a limiting instruction. (2) Sufficiency of the evidence of robbery. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)

Admission of evidence recovered from defendant as circumstantial evidence of robbery, where the items were not used during the crime; failure to give limiting instruction; sufficiency of evidence of robbery