People v. Ricks

FOX, P. J.

Defendant was charged with two counts of robbery. He admitted commission of the offenses charged but entered a plea of not guilty by reason of insanity. Also he was charged with and admitted a prior conviction for burglary.

Defendant robbed a store, operated by a Mr. Feldman, and also one of its customers. The robbery took place at approximately 7 p. m. Donald, a son of the proprietor, first noticed defendant at the drug counter while he was waiting on a customer. Defendant was standing there with his hands behind him, holding himself against the case and appeared to be “wobbling.” After a couple of minutes he moved over to the frozen food cabinet, which was close by, and put his hands on it. During this latter period of about three minutes his head was moving “in circles.” Defendant then started walking around the store with his arms outstretched and his hands

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dangling. He stopped at the open air ice box, leaned against it, and appeared to be holding on to it while he was looking into it.

After Feldman finished waiting on the customer he heard someone come behind the counter. He turned to face defendant, who was about eight feet away. Defendant pulled a gun and said, 1 ‘ This ■ is a stickup. . . . If you move I will shoot you.” From defendant’s expression and voice he appeared to be “mad.” When defendant walked toward the cash register, Feldman, being frightened, took a step backward, whereupon defendant said, “If you move once more I will kill you.” While defendant took the money out of the cash register he held his gun on Feldman. Upon defendant’s demand, Feldman tossed his wallet to him. Defendant caught it and “Shoved it in his pocket.” Mrs. Spitzer, unaware of what was going on, placed a quart of milk on the counter near defendant. He turned around, pointed his gun at her, and said: “Give me your purse.” He grabbed it,'admonished her and Feldman to “Give me five minutes before you call” the police, and then ran out of the store. According to Mrs. Spitzer, defendant seemed frightened and had a crying voice.

A police officer testified that when he arrested defendant a few minutes after the robberies he did not appear to be under the influence of intoxicating liquor but he thought defendant might possibly be under the influence of narcotics.