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Bruce R. Bryan

NY Robbery Appeals

Under NY law, robbery is a “forcible larceny”. Therefore, robbery has two elements: (1) the commission of larceny; and (2) the use or threatened immediate use of physical force to carry out the larceny. There must be an intent to “deprive” another of property or to “appropriate” the property. The specific intent element of larceny is not satisfied by an intent to temporarily use the property without the owner’s permission. Nor is a threat of injury in the future sufficient.

NY Appeal from Conviction for Robbery in the First Degree

In New York, there are three degrees of robbery. A person commits Robbery in the First Degree when, among other things, he “forcibly steals property” and during the commission of the crime, “(1) causes serious physical injury to any person who is not a participant in the crime; or (2) is armed with a deadly weapon; or (3) uses or threatens the immediate use of a dangerous instrument; or (4) displays what appears to be” a loaded firearm.

NY Appeal from Conviction for Robbery in the Second and Third Degree

Robbery in the Second Degree and Robbery in the Third Degree involve less serious forms of conduct with the forcible taking of property from another. For example, a person may forcibly steal property from another, but the robbery did not involve any of the four enumerated acts stated above for the commission of Robbery in the First Degree.

Issues in a NY Robbery Appeal

A NY robbery appeal may allege a number of errors, including that there is insufficient evidence to support one or more elements of the type of robbery charged. For example, a NY robbery appeal might contend, under the circumstances of the case, that the defendant did not commit the robbery, or that the defendant did not intend to deprive another of property, or that he only intended to temporarily use the property, or that he only threatened injury in the future.

A NY robbery appeal may also argue that errors deprived the defendant of a fair trial. A NY robbery appeal may involve pre-trial errors, such as a disclosure or suppression of evidence violation (see Pre-trial errors). A NY robbery appeal may also raise errors at trial, such as prosecutorial misconduct in the People’s summation (see Trial Errors). Finally, a NY robbery appeal may raise post-trial and sentencing errors (see Sentencing Errors).

NY Robbery Appeals to NY Appeals Courts

Most NY robbery appeals are brought to one of the Departments of the Appellate Division, Supreme Court of New York. (NY robbery appeals may be brought to Special Terms of the Supreme Court in the First and Second Departments) (Click here for a summary of NY counties and the corresponding NY Appeals Court to which a NY robbery appeal will likely be brought).

Contact NY Criminal Appeals Lawyer Bruce R. Bryan

As demonstrated in his extensive attorney biography, Mr. Bryan has an impressive career as a NY criminal appeals lawyer, and has handled numerous NY criminal appeals, including NY robbery appeals. He is the author of Guide to Criminal Appeals, Review and Parole in New York, an enlightening book that discusses the criminal appeals process on NY criminal appeals. (Click here for a Free Downloadable Copy of his book).

Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, one of this nation’s most important legal institutions. He is a lecturer at continuing legal education programs on criminal appeals to NY appeals courts. He has appeared before the Supreme Court of the United States and high-level United States Circuit Courts of Appeal on federal criminal appeals.

To retain Mr. Bryan for a NY robbery appeal, or on a matter in a related area of his practice, please contact him at his law offices in Syracuse, New York at 315-280-8790 or White Plains, New York at 914-281-1850.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)

Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law

Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More