Legal Opinion

People v. Ruiz

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

Decided June 13, 1995PublishedCited by 23 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered July 11, 1992, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 4 to 12 years, is affirmed.

The trial court did not err in refusing to charge robbery in the third degree as a lesser included offense of robbery in the first degree since there was no reasonable view of the evidence that defendant committed the lesser offense but not the greater (see, People v Glover, 57 NY2d 61, 63-64). The complainant’s *64testimony at trial that defendant hid his hand inside his winter coat…

2Cases cited3 opinions

  1. People v. GloverNew York Court of Appeals · 1982
  2. People v. ScarboroughNew York Court of Appeals · 1980
  3. People v. LopezNew York Court of Appeals · 1989

3Cited by23 opinions

  1. People v. RuizNew York Court of Appeals · 1996
  2. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. GraysonAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 1998

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