Legal Opinion
People v. McNeil
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 2009PublishedCited by 7 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered December 10, 2007, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously affirmed.
The court properly declined to submit third-degree robbery as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he took the victim’s property by means of some kind of force other than display of what appeared to be a firearm (see e.g. People v…
2Cases cited4 opinions
- People v. ToscaNew York Court of Appeals · 2002
- People v. FlemingNew York Court of Appeals · 1988
- People v. JamesNew York Court of Appeals · 2008
- People v. PeaksAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2011
- People v. RossAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2011
- DAVIS, ROBERT, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
- Hobbs v. McIntoshDistrict Court, S.D. New York · 2022
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