In the opinion of the majority of this court, there is no "reasonable view of the evidence which would support a finding that the defendant committed" robbery in the third degree and did not commit robbery in the first degree (CPL 300.50, subd 1). The two prosecution witnesses who were at the scene of the robbery both testified to seeing the robber holding a gun in his hand. The victim said, "I had my eyes on the gun." The other witness testified that the robber had in
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PEOPLE v. RICE
81 A.D.2d 515 (1981)
The People of the State of New York, Respondent, v. Joseph Rice, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 7, 1981
April 7, 1981
Appellate Division of the Supreme Court of the State of New York, First Department.
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