Fourth Department - Robbery: People v. Coley

Daily Record Staff//December 28, 2022//

Listen to this article

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Robbery

GPS use – Weight of evidence

People v. Coley

KA 18-00863

Appealed from Supreme Court, Monroe County

Background: The defendant was convicted of five counts of robbery stemming from a string of armed robberies occurring over a four-month period at two businesses located near each other. The defendant argues that the verdict was against the weight of evidence.

Ruling: The Appellate Division affirmed. The court noted that the police supplied the gas station employees with a pack of money in which a GPS device was hidden as the gas station was robbed multiple times. The police used the GPS device to track the money to the defendant’s residence. A search of the residence uncovered the GPS device, a gun, ski masks, and clothing consistent with witnesses’ description of the gunman.

Shirley A. Gorman, of the public defender’s office, for the defendant-appellant; Scott Myles, of the district attorney’s office, for the respondent.

Oral argument video