PEOPLE v. HOLMES

7738. 428/14.

166 A.D.3d 559 (2018)

89 N.Y.S.3d 58

2018 NY Slip Op 08178

The People of the State of New York, Respondent, v. Darnell Holmes, Appellant.

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

Decided November 29, 2018.


The court should have granted defendant's request to charge third-degree robbery as a lesser included defense of first-degree robbery. The court's first-degree robbery charge, consistent with the indictment, required the People to prove that defendant used or threatened to use a knife; it is undisputed that a finding that defendant wielded some weapon or object other than a knife would not support first-degree robbery in this case. There was a reasonable view of the evidence...

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