People v. Monroe

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered August 19, 1992, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 Vi to 7 years and a $5,000 fine, unanimously modified, on the law and the facts, to the extent of deleting that portion of the sentence which provides for the payment of the fine and to return to defendant any monies withheld for such purpose, and otherwise affirmed.

The court properly declined to charge petit larceny as a lesser included offense of robbery as the jury…