People v. Averhart

Judgment unanimously affirmed. Memorandum: Only one point raised upon this appeal requires comment: Defendants’ contention that the trial court erred in failing to charge justification. Defendants were convicted of robbery first degree (Penal Law, § 160.15, subd 3, robbery committed with a dangerous weapon) after trial upon indictments charging them with robbery first, robbery second and robbery third degree; grand larceny in the third degree, two counts; and criminal possession of a weapon, fourth degree. It was the victim’s testimony that while stopped for a traffic light in the City of…