Appellate Division Dismisses Robbery and Assault Charges
July 29, 2015
Appellate Advocates client Davone Torres was convicted of two counts of second-degree robbery and two counts of second-degree assault. The Second Department held that the evidence was legally insufficient to prove Mr. Torres’s guilt of either robbery count because there was there was “no evidence that either the [Mr. Torres] or [his co-defendant] forcibly took” anything from the complainant. Furthermore, a result of its dismissal of these counts, the Second Department also dismissed Mr. Torres’s conviction of second-degree assault under Penal Law § 120.05(6) because the robbery convictions had constituted an element of that crime.
Elizabeth Budnitz of Appellate Advocates briefed and argued the case.