People v. Simmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered March 17, 1992, convicting defendant, after a jury trial, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
The trial court properly denied defendant’s request to submit the lesser included offense of attempted robbery in the second degree since the evidence adduced at trial clearly demonstrated that he displayed a firearm when he attempted to rob the complainant (People v Glover, 57 NY2d 61, 64; see, People v Rivera, 185 AD2d 367).
De…
2Cases cited6 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. YoungNew York Court of Appeals · 1980
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. AshfordAppellate Division of the Supreme Court of the State of New York · 1993
- People v. TolbertAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by6 opinions
- People v. MenendezAppellate Division of the Supreme Court of the State of New York · 2008
- Simmons v. RossDistrict Court, S.D. New York · 1997
- People v. VanceAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RizkAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1996
1 more not listed; retrieve them via the Exa API.