Legal Opinion

People v. Canady

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 2004Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Ira Beal, J), rendered March 2, 2000, convicting defendant, after a jury trial, of three counts of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to three concurrent terms of 20 years to life, unanimously affirmed.

Defendant’s claim that the court should have charged the affirmative defense to first-degree robbery (Penal Law § 160.15 [4]) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it. It is clear that defendant’s strategy was to argue…

2Cases cited4 opinions

  1. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  2. People v. RosenNew York Court of Appeals · 2001
  3. People v. DeGinaNew York Court of Appeals · 1988
  4. People v. HuynhAppellate Division of the Supreme Court of the State of New York · 1996

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