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PEOPLE v. D'MECCA

186 A.D.2d 463 (1992)

The People of the State of New York, Respondent, v. Emmanuel D'Mecca, Also Known as Emmanuel D'Meza, Appellant

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

October 22, 1992

The trial court did not err in refusing to charge robbery in the third degree as a lesser included offense to robbery in the first degree since there was no reasonable view of the evidence that defendant committed the lesser offense but not the greater (see, People v Glover, 57 N.Y.2d 61, 63-64). Evidence at trial clearly established that defendant was armed with a deadly weapon...

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