New York Court of Appeals, 1980

People v. Santiago

New York Court of Appeals · Decided January 15, 1980

48 N.Y.2d 1023; 402 N.E.2d 121; 425 N.Y.S.2d 782; 1980 N.Y. LEXIS 2071

Cases that cite this one

31 later published cases cite this decision. The 25 that cite it most often are listed here.

United States v. Steed (1st Cir. 2018)
State v. Sein (N.J. 1991)
Michael Farrington v. Daniel Senkowski, Superintendent, Clinton Correctional Facility (2d Cir. 2000)
McCummings v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1992)
McCargo v. Costello (District Court, E.D. New York 2002)
State v. Harris (Mo. Ct. App. 1981)
People v. Kourouma (Appellate Division of the Supreme Court of New York 2021)
United States v. Rabb (1st Cir. 2019)
People v. Chatman (Appellate Division of the Supreme Court of New York 2007)
People v. Dobbs (Appellate Division of the Supreme Court of New York 2005)
People v. Baker (Appellate Division of the Supreme Court of New York 2002)
People v. Dixon (Appellate Division of the Supreme Court of New York 1996)
People v. Middleton (Appellate Division of the Supreme Court of New York 1995)
People v. Letterlough (Appellate Division of the Supreme Court of New York 1994)
People v. Nieves (Appellate Division of the Supreme Court of New York 1994)
People v. MacKenzie (Appellate Division of the Supreme Court of New York 1993)
People v. Ross (Appellate Division of the Supreme Court of New York 1992)
People v. Hernandez (Appellate Division of the Supreme Court of New York 1992)
In re Jamal M. (Appellate Division of the Supreme Court of New York 1992)
People v. Wirts (Appellate Division of the Supreme Court of New York 1991)
People v. Middleton (New York Supreme Court 1991)
People v. Moses (Appellate Division of the Supreme Court of New York 1990)
People v. Bailey (Appellate Division of the Supreme Court of New York 1989)
People v. Crandall (Appellate Division of the Supreme Court of New York 1987)
People v. Flynn (New York Supreme Court 1984)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Since the jury could have found that the defendant’s méthod of operation resulted in this instance in the use of the force of the movement of the train upon the victim to overcome her resistance to the taking of her purse, there was sufficient evidence that his act constituted attempted robbery rather than simple larceny (Penal Law, § 160.00). Furthermore, there was evidence that the victim’s death was caused either "in the course of and in furtherance of’ the attempted robbery or of "immediate flight therefrom” (Penal Law, § 125.25, subd 3). There was, therefore, a sufficient predicate for the felony murder conviction.

*1025Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.