People v. Neal

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered June 11, 1982, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court’s refusal to charge robbery in the third degree as a lesser included offense of robbery in the first degree was erroneously based on the defendant’s age (14) at the time of the offense. Submission of a lesser included offense for which a defendant is not criminally responsible because of *816infancy is statutorily authorized even though a guilty…