People v. Almonte
Court for the Trial of Impeachments and Correction of Errors
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
- People v. CrimminsNew York Court of Appeals · 1975
- People v. EdwardsNew York Court of Appeals · 1979
- People v. MarksNew York Court of Appeals · 1959
- People v. KelloNew York Court of Appeals · 2001
- People v. BrownNew York Court of Appeals · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. Jacque-CrewsAppellate Division of the Supreme Court of the State of New York · 2023
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 2021
- People v. FergusonAppellate Division of the Supreme Court of the State of New York · 2021
- People v. BurnsAppellate Division of the Supreme Court of the State of New York · 2020
- People v. PortiousAppellate Division of the Supreme Court of the State of New York · 2022
8 more not listed; retrieve them via the Exa API.