Legal Opinion
People v. Poe
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 1990PublishedCited by 4 opinions
1Opinion of the Court
The defendant contends that his conviction of assault in the second degree must be reversed and that count of the indictment dismissed as a lesser included offense of the crime of robbery in the second degree of which he also stands convicted. Having failed to raise this issue before the Supreme Court, Kings County, the defendant has not preserved it for appellate review and we decline to reach it in the exercise of our interest of justice jurisdiction (see, People v Stanley, 133 AD2d 654; People v Josey, 131 AD2d 699).
We further conclude that the evidence of physical injury to the victim was…
2Cases cited8 opinions
- People v. CruickshankAppellate Division of the Supreme Court of the State of New York · 1985
- People v. Dawn Maria C.New York Court of Appeals · 1986
- People v. HopeAppellate Division of the Supreme Court of the State of New York · 1987
- In re Ramon M.Appellate Division of the Supreme Court of the State of New York · 1985
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HerbertAppellate Division of the Supreme Court of the State of New York · 1992
- People v. CurtisAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SmallAppellate Division of the Supreme Court of the State of New York · 1991