People v. James

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Because there was no reasonable view of the evidence to sup port a conviction of the lesser included offense of robbery in the third degree (Penal Law § 160.05), Supreme Court did not err in declining to submit that charge to the jury.

Defendant and three companions—Davis, Scott and Flores— approached the victim as he left his high school in Manhattan. After briefly conversing with him, Scott and Flores crossed the street to act as lookouts, while defendant and Davis closely surrounded and backed him against…