Legal Opinion
People v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1983PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously reversed, on the law and facts, and sentence vacated. Memorandum: Defendant was indicted for the crimes of robbery in the third degree (Penal Law, § 160.05) and grand larceny in the third degree (Penal Law, § 155.30, subd 5). At the close of trial, defendant requested, over the People’s objection, that the court charge the jury on assault in the third degree (Penal Law, § 120.00, subd 1) as a lesser included offense of robbery in the third degree. In its charge, the court instructed the jury to only consider the third degree grand larceny charge if it found defendant…
2Cases cited5 opinions
- People v. TuckerNew York Court of Appeals · 1981
- People v. GreenNew York Court of Appeals · 1982
- People ex rel. Gray v. TekbenNew York Court of Appeals · 1982
- People ex rel. Gray v. TekbenAppellate Division of the Supreme Court of the State of New York · 1982
- People v. CamilloniAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by5 opinions
- People v. SuttonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. StarlingAppellate Division of the Supreme Court of the State of New York · 1984
- People v. StarlingAppellate Division of the Supreme Court of the State of New York · 1984
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. WeissingerNew York Supreme Court · 1983