PEOPLE v. MONROE


212 A.D.2d 374 (1995)

622 N.Y.S.2d 34

The People of the State of New York, Respondent, v. Dwinel Monroe, Appellant

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

February 7, 1995


The court properly declined to charge petit larceny as a lesser included offense of robbery as the jury could not "`"resort to sheer speculation"'" or employ "selective dissection of the integrated testimony of [the complaining] witness" and thus there was no "identifiable, rational basis on which the jury could reject a portion of the prosecution's case which [was] indispensable to establishment of the higher crime and yet accept so much of the proof as would establish the...

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