People v. Gray

Judgment unanimously affirmed. Memorandum: There was a reasonable view of the evidence that warranted a finding that defendant caused "physical injury” but not "serious physical injury”. Thus, the trial court did not err in submitting robbery in the second degree (Penal Law § 160.10 [2] [a]) as a lesser included offense of the third count of the indictment charging robbery in the first degree (Penal Law § 160.15 [2]). We also reject defendant’s contention that evidence that another participant took the property impermissibly varied from that count of the indictment charging that defendant…