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NO EVIDENCE ROBBERY VICTIM SAW A FIREARM, ROBBERY FIRST CONVICTION VACATED (FIRST DEPT).

The First Department, reversing the robbery first conviction, over a partial dissent, determined that there was no evidence the victim saw a firearm:

… [T]he evidence did not establish the element of display of what appeared to be a firearm … . The robbery was accomplished by assaulting the victim and taking his wallet. Although an eyewitness saw the display of what appeared to be a firearm, there was no evidence that the victim ever saw it … . People v Allende, 2018 NY Slip Op 06967, First Dept 10-18-18

CRIMINAL LAW (NO EVIDENCE ROBBERY VICTIM SAW A FIREARM, ROBBERY FIRST CONVICTION VACATED (FIRST DEPT))/ROBBERY (NO EVIDENCE ROBBERY VICTIM SAW A FIREARM, ROBBERY FIRST CONVICTION VACATED (FIRST DEPT))

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