People v. Bennett

— Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The court erred in charging, over defendant’s objection, that the jury could consider the crime of robbery in the third degree (Penal Law § 160.05) as a lesser included offense of *968robbery in the second degree under the first count of the indictment, which alleged that he forcibly stole property while aided by another person actually present (see, Penal Law § 160.10 [1]). There is no reasonable view of the evidence by which defendant was guilty of forcibly stealing property but that he was not aided by another…