PEOPLE v. SMITH


214 A.D.2d 971 (1995)

626 N.Y.S.2d 915

The People of the State of New York, Respondent, v. Rodney Smith, Appellant

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

April 28, 1995


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of robbery in the first degree (Penal Law § 160.15 [4]) for forcibly stealing a sum of money from a grocery store while armed with what appeared to be a handgun. During the precharge conference, defendant's attorney requested that Supreme Court charge petit larceny as a lesser included offense. The court denied that request but agreed to charge robbery in the second degree and robbery...

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