Legal Opinion

People v. Bailey

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

Decided November 15, 1989PublishedCited by 2 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the trial court erred in denying his request to charge petit larceny as a lesser included offense of robbery in the third degree because, *983viewing the evidence in the light most favorable to defendant (see, People v Martin, 59 NY2d 704, 705), there is no reasonable view of the evidence that could support a finding that defendant committed the lesser offense but not the greater (see, People v Glover, 57 NY2d 61, 63). The victim testified that defendant "struck me down” as he grabbed her purse and "elbowed” her in…

2Cases cited12 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. SandovalNew York Court of Appeals · 1974
  5. People v. GloverNew York Court of Appeals · 1982

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3Cited by2 opinions

  1. People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. AghaAppellate Division of the Supreme Court of the State of New York · 1997

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