Legal Opinion

People v. Almonte

Court for the Trial of Impeachments and Correction of Errors

Decided June 27, 2019No. 57PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM.

The order of the Appellate Division should be affirmed.

***1084Supreme Court properly denied defendant's request to charge the jury on the lesser included offense of assault in the third degree ( Penal Law § 120.00[1] ). Defendant failed to "show that there [was] a reasonable view of the evidence in the particular case that would support a finding that he committed the lesser included offense but not the greater" ( People v. Rivera, 23 N.Y.3d 112, 120, 989 N.Y.S.2d 446, 12 N.E.3d 444 [2014] ). Although "[i]n determining whether such a reasonable view exists, the evidence must be…

2Cases cited10 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. EdwardsNew York Court of Appeals · 1979
  3. People v. MarksNew York Court of Appeals · 1959
  4. People v. KelloNew York Court of Appeals · 2001
  5. People v. BrownNew York Court of Appeals · 1987

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. Jacque-CrewsAppellate Division of the Supreme Court of the State of New York · 2023
  2. People v. BryantAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. FergusonAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. BurnsAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. PortiousAppellate Division of the Supreme Court of the State of New York · 2022

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