People v. Ali
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, burglary in the first degree (Penal Law § 140.30 [2]), assault in the second degree (§ 120.05 [6]), attempted robbery in the first degree (§§ 110.00, 160.15 [1]), and burglary in the second degree (§ 140.25 [2]). Contrary to defendant’s contention, County Court properly refused to charge burglary in the second degree (§ 140.25 [2]) as a lesser included offense of burglary in the first degree (§ 140.30 [2]). “No reasonable view of the evidence supports a finding that defendant committed the lesser…
2Cases cited14 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GrayNew York Court of Appeals · 1995
- People v. GloverNew York Court of Appeals · 1982
- People v. TuckerNew York Court of Appeals · 1981
- People v. AlfaroNew York Court of Appeals · 1985
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3Cited by15 opinions
- People v. SpearsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. SpearsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2017
- BARNES, TANIECE E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- MARSHALL, CONRAD, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
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