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PEOPLE v. JAMES

262 A.D.2d 139 (1999)

692 N.Y.S.2d 50

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL JAMES, Appellant.

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

Decided June 15, 1999.

The court properly refused to charge petit larceny as a lesser included offense of robbery since there was no reasonable view of the evidence that defendant, in taking property, acted separately from the group that used force on the victim (see, People v Johnson, 197 A.D.2d 473, lv denied 82 N.Y.2d 897). Defendant's own statements established that he accompanied his companions to the victim's apartment, where, while his companions...

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