PEOPLE v. VINENT

11165, 3479/10.

111 A.D.3d 566 (2013)

975 N.Y.S.2d 403

2013 NY Slip Op 7845

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUSTAVO VINENT, Appellant.

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

Decided November 26, 2013.


Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 10, 2011, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of eight years, unanimously affirmed.

The court properly declined to charge petit larceny as a lesser included offense since there was no reasonable view of the evidence, viewed most favorably to defendant, that he stole merchandise, but did not use force to retain it....

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