PEOPLE v. NEAL


118 A.D.2d 815 (1986)

The People of the State of New York, Respondent, v. Kenneth Neal, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 24, 1986


Judgment affirmed.

The trial court's refusal to charge robbery in the third degree as a lesser included offense of robbery in the first degree was erroneously based on the defendant's age (14) at the time of the offense. Submission of a lesser included offense for which a defendant is not criminally responsible because of infancy is statutorily authorized even though a guilty verdict on that count would not result in a...

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