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PEOPLE v. RUIZ

216 A.D.2d 63 (1995)

628 N.Y.S.2d 80

The People of the State of New York, Respondent, v. Santos Ruiz, Appellant

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

June 13, 1995

The trial court did not err in refusing to charge robbery in the third degree as a lesser included offense of 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). The complainant's testimony at trial that defendant hid his hand inside his winter coat...

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