Court Decision: Robbery & Burglary Convictions Vacated & Dismissed, Reducing Sentence by 21 Years

Appellate Division, Second Department: People v. Bloome

Robbery & Burglary Convictions Vacated & Dismissed, Reducing Sentence by 21 Years

Mr. Bloome was convicted of numerous counts, including first-degree robbery and first-degree burglary, and was sentenced to a prison term of 42 years to life. The Appellate Division determined that the robbery count was legally insufficient, as the People failed to adduce sufficient evidence that Mr. Bloome had the required larcenous intent to establish the forcible stealing of a cell phone. The Court further ruled that the burglary count was jurisdictionally defective because the charged crime required being armed with “explosives or a deadly weapon,” but the indictment failed to adequately allege that element. Finding that the People’s motion to amend the indictment to cure the error was unauthorized, the burglary count was vacated and dismissed. As a result of the Appellate Division’s decision, Mr. Bloome’s sentence was reduced from 42 years to life to 21 years to life.

Mark W. Vorkink represented Mr. Bloome