ORANGE COUNTY, N.Y. – Orange County District Attorney David M. Hoovler announced that Robert Smith, 54, of Newburgh, has been convicted of Robbery in the Second Degree following a jury trial in Orange County Court. Smith now faces a potential sentence of up to 15 years in state prison when he returns to court for sentencing on October 15, 2025.
Immediately after the verdict, Smith was remanded to Orange County Jail without bail.
The October 2024 Incident
According to evidence presented at trial, the incident occurred on October 12, 2024, around 1:10 p.m. in the City of Newburgh.
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Smith was riding a bicycle when he approached a man walking on the street.
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He argued with the victim and demanded money.
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When the man refused and continued walking, Smith got off the bicycle and punched him repeatedly, knocking him to the ground.
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The victim’s head struck the pavement during the assault.
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Smith then searched the victim’s pockets, stole property, and fled the scene.
Tragically, before the case reached trial, the victim passed away from unrelated causes. Despite this, prosecutors relied on witness testimony and physical evidence to prove the case beyond a reasonable doubt.
The Jury’s Verdict
After reviewing the evidence, jurors found Smith guilty of Robbery in the Second Degree, a felony under New York State law.
District Attorney Hoovler praised the jury’s diligence, stating:
“The use of unprovoked violence is unacceptable and this offender was rightfully held accountable for his crimes. I am grateful for the attention of the jury who reviewed all of the available evidence before returning the only verdict consistent with the facts.”
Prosecutors and Police Commended
District Attorney Hoovler extended thanks to the City of Newburgh Police Department, whose investigation led to Smith’s arrest.
He also commended the trial team:
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Senior Assistant District Attorney Christopher Kelly
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Assistant District Attorney Anthony Molina
“These prosecutors, along with law enforcement, worked tirelessly to bring this case to a just conclusion,” Hoovler said. “Even in the most challenging circumstances, such as when the victim passes away before trial, my office remains steadfast in our pursuit of justice.”
Legal Context and Next Steps
Under New York law, Robbery in the Second Degree carries a maximum sentence of 15 years in prison, depending on the defendant’s criminal history and the court’s discretion.
Smith’s sentencing is scheduled for October 15, 2025, at which time Judge will determine his punishment. Until then, Smith remains in custody.
Reminder on Presumption of Innocence
While Smith has been convicted, prosecutors emphasized the importance of the legal principle that all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The District Attorney’s Office noted in its release:
“This criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are entitled to a fair trial, during which it is the State of New York’s burden to prove guilt beyond a reasonable doubt.”
Conclusion
The conviction marks a significant step in holding Robert Smith accountable for a violent robbery that left a man injured on the streets of Newburgh. While the victim was not able to testify due to his untimely passing, the combined efforts of police investigators, prosecutors, and jurors ensured the case reached a just outcome.
Smith will learn his fate this fall, when the court determines the length of his prison sentence.
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