In United States v. Oneal, the Court of Appeals for the Second Circuit examined whether a defendant who pled guilty to conspiracy to commit Hobbs Act robbery was property sentenced under the federal guidelines. Pursuant to 18 U.S.C. § 1951, the Hobbs Act prohibits obstructing commerce by means of robbery…
Articles Posted in Robbery
New York Court Discusses if First Degree Robbery Charge is Appropriate
In the late evening on the 24th of October, the defendant along with another individual accosted and robbed a victim as she was walking along a street in Manhattan. The defendant displayed what looked like a handgun, but was just a toy pistol. The other individual had a knife. The…
Defendant Appeals Robbery Conviction in New York Appellate Court
This is an appeal from a judgment made by the County Court of Albany County. The defendant was convicted of two counts of robbery in the second degree. Case Background The criminal defendant was convicted after a jury trial for participating in an armed robbery of two individuals who were…
Defendant Moves that Indictment is Dismissed in the Interests of Justice
The criminal defendant man was indicted for the crimes of robbery in the first degree, robbery in the second degree and grand larceny in the second degree. On August 10, 1978 the defendant moved for a dismissal of the indictment on the ground that he was not given an opportunity…
Court Discusses Why Insanity Plea Fails
A man was indicted on two counts of robbery in the second degree. But, he pleads not guilty to both indictments, with a reason of insanity and he was thereafter sent to the hospital for observation. The hospital reported that he was unable to understand the nature of the criminal…
Defendant Contends He Was Denied Effective Counsel, Files Appeal in New York Appellate Court
On October 11, 1994, the defendant is accused of having burglarized a person and forcibly stolen their wallet, a checkbook, and a car. On October 12 and 13, 1994, he is charged with forging and cashing two of the stolen checks. After a jury trial, he was convicted of eight…
New York Supreme Court Hears Defendant’s Argument that Due Process Rights Have Been Violated
A man was charged with robbery in the second degree as an armed and violent Class C felony. He pled guilty to a Class D violent felony offense in exchange for a prison sentence of one to three years. At that time, the court agreed to consider an application for…
New York Appellate Court Determines if Prior Confession is Admissible
Two men were indicted on January 28, 1977, for murder in the second degree and attempted robbery in the first degree. A woman was also indicted for the same counts but pled guilty to attempted robbery and testified for the prosecution at trial. According to court documents, the three and…
Defendant Files Appeal Based on Error in Denying Motion to Vacate Judgment in Robbery Case
Two separate robberies occurred in parking garages on the East Side of Manhattan in August of 1982. On August 17, A and two other individuals stole two cars after threatening the parking attendant with a gun. A few days later on August 20, 1982, B, who had participated in the…
New York Appellate Court Reverses Trial Court Decision Regarding Inclusory Concurrent Counts
W was convicted of four counts of first degree robbery, two counts of robbery in the second degree four counts of grand larceny in the third degree. Mr. W appealed his conviction to the Supreme Court Appellate Division. The appellate court held that Mr. W’s conviction on the second degree…