PEOPLE v. MALTES

Ind. No. 279/15. Appeal No. 14418. Case No. 2017-272.

198 A.D.3d 538 (2021)

156 N.Y.S.3d 178

2021 NY Slip Op 05781

The People of the State of New York, Respondent, v. Alexis Maltes, Appellant.

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

Decided October 21, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Denise Fabiano of counsel), and Boies Schiller Flexner LLP, Armonk ( Andrew P. Steinmetz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Rachel Bond , of counsel), for respondent.

Concur— Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.


With regard to the incident where defendant was convicted of robbery, based on threatening a store employee with a knife for the purpose of retaining stolen merchandise, the court correctly declined to submit petit larceny as a lesser included offense. There was no reasonable view of the evidence, viewed in the light most favorable to the defendant, under which defendant committed the lesser crime but not the greater (see People v Rivera, 23 N.Y.3d...

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