State v. Aleksiewicz

In State v. Aleksiewicz, 20 Conn. App. 643, 569 A.2d 567 (1990) the court found the evidence insufficient to establish that the assailant had threatened the use of a gun. In Aleksiewicz, the defendant, holding his hand flat against his abdomen inside his jacket, approached the driver's side of the victim's car and grabbed some of the cash the victim had just withdrawn from a bank's automatic teller machine. In doing so, the defendant said, "'Give me that money or you're dead.'" Id., 645. There was no testimony by the victim that he knew or believed that the defendant had a firearm. This court concluded that this evidence did "not definitely establish the firearm element of this crime because no gun was shown and no specific indication was given, by either the defendant's words or actions, that he had in his possession or would use specifically a gun to accomplish his threat." Id., 647.