Legal Opinion

People v. Cummings

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 2007Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered December 22, 2005, convicting him of robbery in the first degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the court should have charged robbery in the second degree as a lesser-included offense of robbery in the first degree is unpreserved for appellate review (see CPL 470.05 [2]). In any event, there was no reasonable view of the evidence which would have supported a…

2Cases cited4 opinions

  1. People v. GreenNew York Court of Appeals · 1982
  2. People v. GroonellAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. BennettAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. FinnAppellate Division of the Supreme Court of the State of New York · 1992

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