People v. Bailey
Appellate Division of the Supreme Court of the State of New York
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
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. BleakleyNew York Court of Appeals · 1987
- People v. CrimminsNew York Court of Appeals · 1975
- People v. SandovalNew York Court of Appeals · 1974
- People v. GloverNew York Court of Appeals · 1982
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3Cited by2 opinions
- People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. AghaAppellate Division of the Supreme Court of the State of New York · 1997