PEOPLE v. SMITH


176 A.D.2d 185 (1991)

The People of the State of New York, Respondent, v. Timothy Smith, Appellant

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

September 24, 1991


While walking on 42nd Street in Manhattan in the early morning hours, complainant was approached by defendant, who ripped a chain and medallion from complainant's neck. Complainant grabbed at defendant's hands and was able to retrieve the jewelry as the police were arriving.

At trial, defense counsel moved to have attempted robbery charged as a lesser included offense. The trial court denied the motion, stating that no...

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