PEOPLE v. RIVERA


185 A.D.2d 367 (1992)

The People of the State of New York, Respondent, v. Harry Rivera, Appellant

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

July 27, 1992


Ordered that the judgment is affirmed.

We find no merit in the defendant's contention that the trial court erred when it rejected his request that the jury be instructed on the lesser-included offense of robbery in the second degree. By no reasonable view of the evidence presented could the jury have concluded that the gun displayed was "not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged...

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