Legal Opinion
People v. James
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1999PublishedCited by 4 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered November 14, 1995, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
The court properly refused to charge petit larceny as a lesser included offense of robbery since there was no reasonable view of the evidence that defendant, in taking property, acted separately from the group that used force on the victim (see, People v Johnson, 197 AD2d 473, lv denied 82 NY2d 897).…
2Cases cited4 opinions
- People v. TrowbridgeNew York Court of Appeals · 1953
- People v. CarolinaAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1997
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- People v. RumphAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SantanaAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 2000
- RUMPH, CHRISTOPHER, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012