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PEOPLE v. AKOMAH

52 A.D.3d 521 (2008)

860 N.Y.S.2d 139

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSEI AKOMAH, Appellant.

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

Decided June 3, 2008.

Ordered that the judgment is affirmed.

The defendant contends that the trial court erred in denying his request to submit the lesser-included offense of robbery in the third degree to the jury. However, the defendant's conduct, as perceived by the complainant, was the display of a gun within the meaning of Penal Law § 160.10 (2). Thus, a reasonable view of the evidence would not support the conclusion that the crime...

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