People v. Melcherts

OPINION OF THE COURT

Edward A. Sheridan, J.

Defendant, Eugene Melcherts, moves to set aside a verdict convicting him of robbery in the second degree (Penal Law § 160.10 [2] [a]), following a jury trial, upon the grounds (1) that the People failed to present legally sufficient evidence of physical injury; and (2) that the court erred in refusing to charge assault in the third degree (Penal Law § 120.00) as a lesser included offense of robbery in the second degree (Penal Law § 160.10 [2] [a]).1

At trial, the complaining witness, Makeba Lowry, testified that the defendant, a casual acquaintance,…