Appellate Division of the Supreme Court of New York, 1994

People v. Cox

People v. Cox
Appellate Division of the Supreme Court of New York · Decided September 30, 1994
207 A.D.2d 995; 617 N.Y.S.2d 690
People v. Cox

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant’s request to charge the defense of duress (Penal Law § 40.00 [1]). In the absence of proof of an imminent threat, there is no reasonable view of the evidence to support the defense (see, People v Brown, 68 AD2d 503, 513; see generally, People v Watts, 57 NY2d 299, 301).

We have reviewed defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Supreme Court, Monroe County, Bradstreet, J.—Robbery, 3rd Degree.) Present—Denman, P. J., Pine, Lawton, Wesley and Davis, JJ.

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