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PEOPLE v. MORENO

205 A.D.2d 481 (1994)

614 N.Y.S.2d 16

The People of the State of New York, Respondent, v. Renzo Moreno, Appellant

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

June 30, 1994

Viewing the evidence adduced at trial in a light most favorable to the defendant (see, People v Martin, 59 N.Y.2d 704, 705), there is no reasonable view that defendant, who ordered food from a restaurant, refused to pay for it, fired his gun, took the food from the restaurant and testified that he took the food and ate it, only attempted the robbery. The court did not err in denying defendant's request to submit attempted...

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