People v. Owens

Order, Supreme Court, New York County (Alvin Schlesinger, J.), entered November 16, 1994, dismissing the indictment, unanimously affirmed.

During defendant’s first trial, the jury was not charged on any lesser included offense. After his conviction on the sole count of the indictment charging first-degree robbery, defendant appealed to this Court seeking a new trial due to a Sandoval error and dismissal of the indictment due to insufficient evidence. After finding there was a Sandoval violation and that the evidence was insufficient with respect to the greater charge, but sufficient as to…