Some incidents taking place in a public setting or on the streets must be examined in detail prior to determining whether the accused committed a crime. Even with purported witnesses to the defendant's alleged behavior, the facts and the account of all witnesses must be thoroughly investigated and tested. That kind of in-depth process may be required for the defense of a 26-year-old man arrested by the New York State Police at the Cortlandt Train Station. Authorities charged him with felony charges of robbery and criminal mischief.
Troopers reported that they were called to the train station on Sunday, Feb. 28 to investigate a possible robbery. They investigated and allegedly found that the accused stole the victim's iPhone. They say that the defendant caused physical injury to another person who was there with the victim.
The police found the accused in the parking area of the train station, where they say he was apparently waiting for a train. They charged him with Robbery of the 2nd Degree and Criminal Mischief. Under the alleged facts, there may be defenses or mitigation that defense counsel will have to flesh out and develop as a possible defense.
For example, it is possible that the accused knew the alleged victims and was having an argument over possession or ownership of the phone when the incident occurred. The defendant's presence at the train station when the troopers arrived is consistent with that theory. If he had committed an actual robbery he would not have waited around at the station to be arrested, or so it may be argued; instead, he would have fled immediately. Thus, under New York law, the defendant's actions could possibly indicate something other than the felony charges that were lodged against him.
Source: hudsonvalleynewsnetwork.com, "Peekskill Man Arrested for Robbery", Kathy Welsh, Feb. 29, 2016