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  5. 62 N.Y.2d 275 (1984)
 

PEOPLE v. FORD

62 N.Y.2d 275 (1984)

The People of the State of New York, Appellant, v. Raymond Ford, Respondent. The People of the State of New York, Respondent, v. Gordon Simpson, Appellant. The People of the State of New York, Respondent, v. James Williams, Appellant.

Court of Appeals of the State of New York.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Robert M. Pitler and James M. McGuire of counsel), for appellant in the first above-entitled action.

Marla Tepper and William E. Hellerstein for respondent in the first above-entitled action.

Mario Merola, District Attorney (Steven L. Kessler, Steven R. Kartagener and Peter D. Coddington of counsel), for respondent in the second above-entitled action.

Marla Tepper, William E. Hellerstein and Gary Divis for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney (Robert M. Pitler, Mark Dwyer and Carol Gette of counsel), for respondent in the third-above entitled action.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion; Chief Judge COOKE concurs in a concurring memorandum.

Per Curiam.

Any error by the trial court in considering or submitting to the jury a lesser crime arising out of the same criminal transaction as an indicted crime, that is not in fact a lesser included offense, is waived unless defendant makes timely objection.

The relevant facts in each case are not in dispute. Defendant Raymond Ford was indicted for robbery in the first and second degrees (Penal Law, §...

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