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PEOPLE v. GROSSO

Ind No. 4165/16. Appeal No. 14388. Case No. 2019-05324.

198 A.D.3d 491 (2021)

152 N.Y.S.3d 588

2021 NY Slip Op 05640

The People of the State of New York, Respondent, v. Michael Grosso, Appellant.

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

Decided October 14, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Carola M. Beeney of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Andrew E. Seewald of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.

The court correctly submitted attempted first and second-degree robbery as lesser included offenses of the respective robbery charges. Defendant and his codefendant, who were unable to locate the money they had intended to steal in the victim's hotel room, each left the room carrying a bag. The victim claimed these bags belonged to him. However, there was a reasonable view of the evidence under which the bags belonged to the defendants...

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