People v. Kraatz
Cases that cite this one
5 later published cases cite this decision.
- Kraatz v. Lilley (District Court, W.D. New York 2020)
- People v. Talley (Appellate Division of the Supreme Court of New York 2026)
- People v. Brady (Appellate Division of the Supreme Court of New York 2021)
- Matter of Holli H. v. Joseph R. (Appellate Division of the Supreme Court of New York 2020)
- People v. Talbott (Appellate Division of the Supreme Court of New York 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered July 24, 2014. The judgment convicted defendant, upon a jury verdict, of robbery in the second degree.
It is hereby ordered that the judgment so appealed from is affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of robbery in the second degree (Penal Law § 160.10 [2] [a]), defendant contends that the conviction is not supported by legally sufficient evidence that the victim sustained a physical injury. We reject that contention. The
We reject defendant’s contention that he was denied effective assistance of counsel by his attorney’s failure to make certain objections at trial (see generally People v Taylor, 1 NY3d 174, 176-177 [2003]; People v Benevento, 91 NY2d 708, 712-714 [1998]), and we conclude that the sentence is not unduly harsh or severe.
All concur except Curran, J., who dissents and votes to modify in accordance with the following memorandum.
Dissenting Opinion
(dissenting). I respectfully dissent. In my view, the People failed to establish beyond a reasonable doubt that the victim suffered a physical injury, i.e., either “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]), as is required for a conviction of robbery in the second degree under Penal Law § 160.10 (2) (a). I would therefore modify the judgment by reducing the conviction to robbery in the third degree (§ 160.05; see CPL 470.15 [2] [a]) and vacating the sentence, and I would remit the matter to County Court for sentencing on the conviction of robbery in the third degree (see CPL 470.20 [4]).
In my view, the majority’s decision conflicts with the decisions reached by this Court in People v Coleman (134 AD3d
Case-law data current through December 31, 2025. Source: CourtListener bulk data.