Legal Opinion

People v. Cicciarelli

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1988PublishedCited by 4 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in failing to comply with his request to charge petit larceny as a lesser included offense of robbery in the second degree. Because there is no reasonable view of the evidence that would support a finding that defendant committed a lesser but not the greater offense, the trial court correctly denied defendant’s request (see, People v Glover, 57 NY2d 61, 63).

Defendant further asserts that the trial court erred in denying his motion to suppress his statement to the police. Defendant, after having been…

2Cases cited5 opinions

  1. Michigan v. MosleySupreme Court of the United States · 1975
  2. People v. GloverNew York Court of Appeals · 1982
  3. People v. FerroNew York Court of Appeals · 1984
  4. People v. GaryNew York Court of Appeals · 1972
  5. People v. DowAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by4 opinions

  1. People v. LoganAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. SuressiAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. TackmanAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. NunezAppellate Division of the Supreme Court of the State of New York · 1992

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