PEOPLE v. DEKLE


56 N.Y.2d 835 (1982)

The People of the State of New York, Respondent, v. George Dekle, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1982.


Attorney(s) appearing for the Case

Jonathan M. Kratter and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Roslyn Lipton Tucker, Norman Barclay, Mark Dwyer and William J. Comiskey of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant moved for a trial order of dismissal but the only basis given for the motion was that the element of immediacy required for conviction of robbery was not proved because the knife displayed was closed, required two hands to open and defendant had but one hand free. The court charged that "`Immediately' means straight away, promptly, has its...

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