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PEOPLE v. JONES

17 A.D.3d 139 (2005)

791 N.Y.S.2d 829

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT JONES, Appellant.

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

April 7, 2005.

The court properly declined defendant's request to submit petit larceny as a lesser included offense of robbery in the first degree. Viewing the evidence as a whole and in a light most favorable to defendant, we find no reasonable view of the evidence to support the lesser charge (see People v Scarborough, 49 N.Y.2d 364, 373 [1980]).

Defendant's present arguments regarding the court's refusal to instruct the jury on the defense...

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