PEOPLE v. JAMES


11 N.Y.3d 886 (2008)

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

Court of Appeals of the State of New York.

Decided December 18, 2008.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Alan Gadlin of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO; READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Because there was no reasonable view of the evidence to support a conviction of the lesser included offense of robbery in the third degree (Penal Law § 160.05), Supreme Court did not err in declining to submit that charge to the jury.

Defendant and three companions—Davis, Scott and Flores— approached...

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