PEOPLE v. GREENE


129 Misc.2d 1008 (1985)

The People of the State of New York, Plaintiff, v. Aaron Greene, Defendant.

Supreme Court, New York County.

October 31, 1985


Attorney(s) appearing for the Case

David Perlmutter for defendant. Robert M. Morgenthau, District Attorney (William Burmeister of counsel), for plaintiff.


BUDD G. GOODMAN, J.

The issue before the court is whether the alleged forcible taking of two pieces of scrap paper with some writing on them constitutes a robbery under Penal Law § 160.10 (2) (a) or § 160.05. The defense moves to dismiss the indictment on the ground that the two pieces of paper do not constitute property under the law. The defense contends that it could not have been the intent of the Legislature to allow a felony prosecution...

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