Judgment unanimously reversed, on the law and facts, and sentence vacated.
Memorandum.
Defendant was indicted for the crimes of robbery in the third degree (Penal Law, § 160.05) and grand larceny in the third degree (Penal Law, § 155.30, subd 5). At the close of trial, defendant requested, over the People's objection, that the court charge the jury on assault in the third degree (Penal Law, § 120.00, subd 1) as a lesser included offense of robbery...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.