In People v. McNeil , Joseph McNeill allegedly confronted a woman with what appeared to be a gun and forced her to withdraw cash from a nearby ATM machine.
After he was convicted of second-degree robbery, the New York County Supreme Court sentenced him -- as a "persistent violent felony offender" -- to 18 years to life.
On appeal to the Appellate Division, First Department, McNeill argued that the charge should have been reduced to third-degree robbery because he didn't take the victim's property with force. But, since the record established that McNeill gestured as if he had a gun in his pocket and threatened to shoot the victim if she didn't comply with his demands, the AD1 didn't agree.
The appellate court could also discern "no bad faith" or prejudice caused by prosecutors' belated use of arrest photographs -- which hadn't been previously located.
Nor was there was any error allowing an officer to recite a conversation he had had with a witness, who didn't testify, since that exchange was introduced "for the legitimate, nonhearsay purpose of completing the narrative of events and explaining police actions ...."
That sure wasn't filled with good stuff .
To view a copy of the Appellate Division's decision, please use this link: People v. McNeil