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PEOPLE v. WASHINGTON

141 Misc.2d 895 (1988)

The People of the State of New York, Plaintiff, v. Ryan Washington, Defendant.

Supreme Court, Kings County.

November 17, 1988

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Ann Guttman of counsel), for plaintiff. Trilby deJung for defendant.

HERBERT KRAMER, J.

Does the withholding of the promised drugs or refusal to return currency, during a face-to-face drug buy, constitute a "taking from the person" pursuant to Penal Law § 155.30 (5)?

FACTS

Defendant Ryan Washington was indicted for robbery in the second degree and grand larceny in the fourth degree. After a jury trial defendant was acquitted of the robbery charge but

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