Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1995PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant was convicted of robbery in the first degree (Penal Law § 160.15 [4]) for forcibly stealing a sum of money from a grocery store while armed with what appeared to be a handgun. During the precharge conference, defendant’s attorney requested that Supreme Court charge petit larceny as a lesser included offense. The court denied that request but agreed to charge robbery in the second degree and robbery in the third degree as lesser included offenses of robbery in the first degree.

At trial, the arresting officer testified that, after defendant…

2Cases cited8 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. GloverNew York Court of Appeals · 1982
  3. People v. BoettcherNew York Court of Appeals · 1987
  4. People v. Van NorstrandNew York Court of Appeals · 1995
  5. People v. CabassaNew York Court of Appeals · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. BowmanAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. MonroeAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. FortAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. AghaAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. Van VleetAppellate Division of the Supreme Court of the State of New York · 1998

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