People v. Mercer

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 24, 1992, convicting defendant, after a jury trial, of robbery in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 7 to 14 years and 2 Vi to 5 years, respectively, unanimously affirmed.

The trial court properly declined to charge menacing as a lesser included offense of robbery in the first degree, since defendant could commit a robbery "without concomitantly, by the same conduct, committing” menacing (People v…