PEOPLE v. MAYS


178 A.D.2d 557 (1991)

The People of the State of New York, Respondent, v. Calvin Mays, Appellant

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

December 16, 1991


Ordered that the judgment is affirmed.

The complainant offered uncontradicted testimony that she was confronted by the defendant holding what appeared to be a pistol with a small paper bag over its muzzle. There having been no rational basis upon which the jury could have rejected the testimony concerning the gun while accepting the balance of the complainant's testimony about the robbery, the defendant's request for a charge on the lesser included offense of robbery...

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