New York Court of Appeals

The People of the State of New York, Appellant-Respondent v. Alfred Ford, Respondent-Appellant

December 17, 200811 N.Y.3d 875

Summary

The New York Court of Appeals reinstated the defendant's first‑degree robbery convictions, holding that the evidence was legally sufficient even though the jury charge did not explicitly use the term “actual possession.” The Court also affirmed the trial court's denial of the defendant's motion to sever the two robbery trials, finding no material variance in the proof required for each crime. Justice Jones dissented in part, arguing that the conviction should be reduced to third‑degree robbery because the actual‑possession element was not proven and the preservation rule was misapplied.