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People v. Tyler

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1085 (N.Y. App. Div. 1992)

Opinion

October 7, 1992

Appeal from the Erie County Court, Rogowski, J.

Present — Callahan, J.P., Boomer, Balio, Fallon and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: Contrary to defendant's contention, the Legislature did not couple the aggravating factors contained in Penal Law § 160.10 with a requirement of proof of a culpable mental state (see, People v Mitchell, 77 N.Y.2d 624, 627). Defendant failed to preserve for appellate review his contention that his conviction, under the second count of the indictment, of robbery in the third degree, should be reversed. Further, we reject defendant's contention that his sentence is harsh and excessive.


Summaries of

People v. Tyler

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 7, 1992
186 A.D.2d 1085 (N.Y. App. Div. 1992)
Case details for

People v. Tyler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD R. TYLER…

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

Date published: Oct 7, 1992

Citations

186 A.D.2d 1085 (N.Y. App. Div. 1992)

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