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People v. Hayes

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 255 (N.Y. App. Div. 1997)

Opinion

January 14, 1997.

Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered August 3, 1994, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Before: Ellerin, J. P., Wallach, Nardelli and Mazzarelli, JJ.


The trial court properly declined to charge attempted robbery in the third degree as a lesser included offense of robbery in the third degree, since there is no reasonable view of the evidence that could support a finding that defendant committed the lesser offense but not the greater ( see, People v Glover, 57 NY2d 61, 63-64; CPL 300.50).


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 255 (N.Y. App. Div. 1997)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT HAYES, Appellant

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

Date published: Jan 14, 1997

Citations

235 A.D.2d 255 (N.Y. App. Div. 1997)
652 N.Y.S.2d 510