PEOPLE v. PONDEXTER


220 A.D.2d 265 (1995)

632 N.Y.S.2d 543

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

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

October 12, 1995


The trial court properly denied defendant's request to submit lesser included offenses, because, based on the factual issues actually developed at trial, the jury could not have rationally concluded that defendant committed the lesser crimes but not the greater instead of simply acquitting him (see, People v Ruiz, 216 A.D.2d 63).

Defendant's claim that the trial court improperly denied his request to admit into evidence...

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