Legal Opinion
People v. Flores
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1973PublishedCited by 10 opinions
1Opinion of the CourtSimons, J.
The dispositive issue in this appeal is whether assault second degree is a lesser included offense with respect to attempted robbery second degree.
The appellant was tried by a jury under a two-count indictment which charged him with attempting to forcibly steal property from Bichard Obringer while aided by another (Penal Law, § 160.10, subd. 1), and with attempting to forcibly steal property from Bichard Obringer and in the course of that attempted robbery inflicting physical injury on Obringer (Penal Law, § 160.10, subd. 2, par. [a]). While not stated in the indictment, the injuries to…
2Cases cited4 opinions
- People v. MussendenNew York Court of Appeals · 1955
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
- People v. ZielinskiAppellate Division of the Supreme Court of the State of New York · 1936
3Cited by10 opinions
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1977
- People v. GallucciAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BaglieriAppellate Division of the Supreme Court of the State of New York · 1976
- People v. DavisAppellate Terms of the Supreme Court of New York · 1975
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1978
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