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People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 183 (N.Y. App. Div. 1997)

Opinion

June 5, 1997

Appeal from the Supreme Court, New York County (Frederic Berman, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's acts were sufficient to constitute asportation, however temporary, of the victim's chain ( see, People v. Smith, 176 A.D.2d 185, lv denied 79 N.Y.2d 864; People v. Reddick, 159 A.D.2d 267, lv denied 76 N.Y.2d 794), and, since there was no reasonable view of the evidence to the contrary, the court properly declined to submit attempted robbery in the second and third degrees as lesser included offenses of the completed robbery charges.

As the People concede, since defendant was convicted of second-degree robbery, his conviction of the lesser included offense of third-degree robbery should be vacated ( People v. Smith, 176 A.D.2d 185, supra).

Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 183 (N.Y. App. Div. 1997)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIQUAN DAVIS, Appellant

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

Date published: Jun 5, 1997

Citations

240 A.D.2d 183 (N.Y. App. Div. 1997)
658 N.Y.S.2d 874