People v. Diggs

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered September 26, 2006, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 15 years, unanimously affirmed.

The court properly declined to submit third-degree robbery as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that the victim did not sustain physical injury as defined by Penal Law § 10.00 (9), a necessary element of second-degree robbery under Penal Law §…