People v. Matthews, 159 A.D.3d 1111

Defendant Tyshen Matthews (a/k/a Tysheen Moore) and three others planned and executed a forced entry into a hotel room to rob a competing drug supplier; electronics and crack cocaine were taken.
A hotel occupant identified Matthews from a photo array; surveillance at the Albany bus station showed Matthews with electronics the night after the robbery.
Matthews was arrested outside his home and charged with multiple counts: robbery in the first and second degree, burglary in the second degree, petit larceny, conspiracy (dismissed by jury), and endangering the welfare of a child.
At trial, witnesses testified the group used a plastic pellet gun and a wooden tire-checker (bat) during the entry; victims described one intruder putting a gun in a victim’s face and another holding a bat; some stolen items were recovered in surveillance.
County Court initially failed to rule on a pretrial probable-cause challenge; on remand it found probable cause. The jury convicted Matthews on all counts except conspiracy; he received an aggregate 20-year sentence plus 5 years postrelease supervision.
The Appellate Division reversed in part: it found probable cause for arrest was supported, held the evidence insufficient to sustain first-degree robbery (dangerous-instrument element), and reversed because County Court failed to make a minimal inquiry into defense counsel’s motion to withdraw (requiring remittal for reassignment and further proceedings on the remaining counts).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause for arrest	Identification via photo array and surveillance placing Matthews with stolen electronics supported probable cause	Arrest lacked sufficient indicia because identification and surveillance were flawed	Probable cause existed; no new hearing required
Sufficiency of evidence for 1st-degree robbery (dangerous instrument)	Display/use of pellet gun and tire checker supported threatened use element	Pellet gun was plastic and not capable of serious injury; tire checker not shown to be brandished or threatened	Reversed as to count 1: evidence insufficient to prove a dangerous instrument was threatened or used; count 1 dismissed
Sufficiency/weight of evidence for remaining counts	Victim testimony, planning evidence, and surveillance supported convictions for 2d-degree robbery, 2d-degree burglary, petit larceny, endangering a child	Challenges to credibility and weight of testimony	Convictions on remaining counts supported by legally sufficient evidence and not against the weight of the evidence
Motion to withdraw counsel / right to counsel	People argued substitution would delay trial; trial counsel’s performance was effective	Trial counsel moved to withdraw citing an irretrievable breakdown with defendant; court denied without minimal inquiry	Denial was error: court failed to conduct minimal inquiry into counsel’s motion; reversal and remittal for assignment of counsel and further proceedings required

People v. Bigelow, 66 N.Y.2d 417 (N.Y. 1985) (probable cause standard)
People v. Shulman, 6 N.Y.3d 1 (N.Y. 2005) (focus of probable-cause inquiry on officer's grounds for belief)
People v. Cabey, 85 N.Y.2d 417 (N.Y. 1995) (legal sufficiency standard)
People v. Sides, 75 N.Y.2d 822 (N.Y. 1990) (minimal inquiry required on withdrawal/substitution motions)
People v. Carter, 53 N.Y.2d 113 (N.Y. 1981) (definition and context for dangerous instrument)
People v. Hall, 18 N.Y.3d 122 (N.Y. 2011) (dangerous-instrument element requires proof of capacity to cause serious physical injury)
People v. Mason, 84 A.D.3d 1502 (App. Div. 2011) (insufficient evidence of threatened use where no brandishing or implied threat shown)