People v. Allen

*788Danhof, C. J.

Defendant was convicted by a jury of armed robbery, MCLA 750.529; MSA 28.797, and first-degree criminal sexual conduct, MCLA 750.520b(l)(e); MSA 28.783(2)(l)(e), and sentenced to 12 to 20 years imprisonment. He appeals by right.

Defendant’s attorney at first declined an instruction on the lesser offense of unarmed robbery when the possibility of such an instruction being given was discussed in chambers, but later, before the jury began its deliberations, defense counsel did request such an instruction. The trial judge denied the request on the ground that it was not timely. In…