The court properly declined to submit third-degree robbery as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that the victim did not sustain physical injury as defined by Penal Law § 10.00 (9), a necessary element of second-degree robbery under Penal Law § 160.10 (2) (a).
In robbing a sidewalk food vendor, defendant punched the victim in the head and body, knocked him down and dragged him...
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