Legal Opinion
People v. Robinson
Appellate Division of the Supreme Court of the State of New York
Decided October 9, 1990PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Beerman, J.), rendered November 28, 1988, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in refusing to charge assault in the third degree (Penal Law § 120.00 [1]) as a lesser included offense of assault in the second degree (Penal Law § 120.05 [2]). We disagree. As the People concede, since it is theoretically impossible to commit…
2Cases cited8 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- People v. GreeneAppellate Division of the Supreme Court of the State of New York · 1985
- Inkie Hong v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GarofaloAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CortezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1997
- People v. EaglestonAppellate Division of the Supreme Court of the State of New York · 1993