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PEOPLE v. FLORES

28 A.D.3d 380 (2006)

812 N.Y.S.2d 534

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIDO FLORES, Also Known as ENRIQUE FLORES, Appellant.

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

April 25, 2006.

The court properly denied defendant's request to charge petit larceny as a lesser included offense since there was no reasonable view of the evidence upon which a jury could find him guilty of petit larceny but not guilty of robbery in the second degree (see People v Scarborough, 49 N.Y.2d 364, 373 [1980]). The evidence established that immediately after defendant and his accomplices pushed and shoved the victim, the accomplices...

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