People v. Camilloni
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously modified, in accordance with memorandum and, as modified, affirmed and defendant remanded to Supreme Court, Erie County, for resentencing. Memorandum: The People conceded that neither assault in the second nor third degree is a lesser included offense of attempted robbery in the first degree, the crime for which defendant was indicted (see People v Green, 56 NY2d 427, 431). They argue, however, that the issue has not been preserved for appeal. We disagree that the error was not preserved by appropriate exception. However, had defendant not noted his exception to the…
2Cases cited8 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. CastilloNew York Court of Appeals · 1979
- People v. HarperNew York Court of Appeals · 1975
- People v. CohenNew York Court of Appeals · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. StuartAppellate Division of the Supreme Court of the State of New York · 1986
- People v. SuttonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1983
- People v. MinieroCriminal Court of the City of New York · 1999
- People v. StarlingAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.