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People v. Harris

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 953 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Doerr, J.P., Denman, Boomer, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the People (see, People v Ford, 66 N.Y.2d 428, 437), we conclude that it provided a valid line of reasoning to sustain defendant's conviction of robbery in the first degree, criminal possession of a weapon in the second degree, and grand larceny in the third degree. Further, we find no error in the court's refusal to charge attempted robbery in the first degree and attempted grand larceny in the third degree as lesser included offenses. There was no reasonable view of the evidence that would have supported a finding that defendant committed the lesser offense, but not the greater (see, People v Glover, 57 N.Y.2d 61, 64).

We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 953 (N.Y. App. Div. 1989)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVYN HARRIS…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 953 (N.Y. App. Div. 1989)