People v. Lett

Memorandum. In determining whether an offense is a lesser included offense of the one charged the facts of the particular case, and not the legal abstractions, control (People v Stanfield, 36 NY2d 467; People v Johnson, 39 NY2d 364). On the facts of this case we agree that the trial court properly submitted assault in the third degree as a lesser included offense of robbery in the second degree. We find no merit to the defendant’s alternative argument that the procedure followed violates due process because it does not adequately advise a defendant of the charges actually pending against him.…