People v. Ford
New York Court of Appeals
POINTS OF COUNSEL I. Defendant’s guilt was proved beyond a reasonable doubt. (People v Butler, 86 AD2d 811, 57 NY2d 664.) II. Read realistically and in a commonsense manner, CPL 300.50 (subd 1) provides that the failure to object to the submission of a lesser offense waives any claim that the offense submitted was not necessarily included in the offense charged. (People v Henderson, 41 NY2d 233; Zappone v Home Ins.
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POINTS OF COUNSEL I. Defendant’s guilt was proved beyond a reasonable doubt. (People v Butler, 86 AD2d 811, 57 NY2d 664.) II. Read realistically and in a commonsense manner, CPL 300.50 (subd 1) provides that the failure to object to the submission of a lesser offense waives any claim that the offense submitted was not necessarily included in the offense charged. (People v Henderson, 41 NY2d 233; Zappone v Home Ins. Co., 55 NY2d 131; People v Stevenson, 31 NY2d 108; People ex rel. Wachowicz v Martin, 293 NY 361; People ex rel. Tanner v Vincent, 44 AD2d 170, 36 NY2d 773; People v Foster, 19…
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Any error by the trial court in considering or submitting to the jury a lesser crime arising out of the same criminal transaction as an indicted crime, that is not in fact a lesser included offense, is waived unless defendant makes timely objection.
The relevant facts in each case are not in dispute. Defendant Raymond Ford was indicted for robbery in the first and second degrees (Penal Law, §§ 160.10, 160.15). After the close of evidence in his bench trial, the court announced that it would consider grand larceny in the third degree (Penal Law, § 155.30) as a lesser…
3Cases cited19 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. IannoneNew York Court of Appeals · 1978
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
- People v. FosterNew York Court of Appeals · 1967
14 more not listed; retrieve them via the Exa API.
4Cited by168 opinions
- People v. CallahanNew York Court of Appeals · 1992
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. HansenNew York Court of Appeals · 2000
- People v. AndersonNew York Court of Appeals · 1985
- People v. LancasterNew York Court of Appeals · 1986
163 more not listed; retrieve them via the Exa API.