PEOPLE v. MAGNUM

Nos. 5642, 2685/09

88 A.D.3d 467 (2011)

930 N.Y.S.2d 445

2011 NY Slip Op 6981

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG MAGNUM, True Name CRAIG MANGUM, Also Known as CRAIG GAINES, Appellant.

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

Decided October 6, 2011.


The court properly declined to submit robbery in the third degree as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he committed the lesser offense but not the greater. The victim was certain that defendant displayed what appeared to be a pistol, and there was no identifiable record basis upon which the jury might have reasonably differentiated between segments of the victim's testimony (see People...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases