People v. Bentley

Defendant appeals from a verdict and conviction of robbery in the second degree (Penal Law, § 2126). He asserts *369error in the court’s refusal to charge the jury on the lesser included crime of assault in the second degree (Penal Law, § 242).

Defendant was indicted for second degree robbery, first degree grand larceny, and second degree assault. The testimony showed that defendant followed the complaining witness into an apartment building. The complaining witness testified that defendant assaulted him there and that during and after the assault the defendant extracted paper money, coins and a…