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PEOPLE v. SIMMONS

204 A.D.2d 214 (1994)

612 N.Y.S.2d 136

The People of the State of New York, Respondent, v. Robert Simmons, Appellant

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

May 24, 1994

The trial court properly denied defendant's request to submit the lesser included offense of attempted robbery in the second degree since the evidence adduced at trial clearly demonstrated that he displayed a firearm when he attempted to rob the complainant (People v Glover, 57 N.Y.2d 61, 64; see, People v Rivera, 185 A.D.2d 367).

Defendant's challenge to the court's Sandoval...

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