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People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1991
176 A.D.2d 966 (N.Y. App. Div. 1991)

Opinion

October 28, 1991

Appeal from the Supreme Court, Queens County (Chetta, J.).


Ordered that the judgment is affirmed.

The defendant urges on appeal that reversible error was committed when the court failed to charge robbery in the third degree and petit larceny as lesser included offenses of robbery in the first degree. However, as there was no request to charge either robbery in the third degree or petit larceny and no exception was taken to the charge, the defendant's contention is unpreserved for appellate review (see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022). Thompson, J.P., Kunzeman, Lawrence and Miller, JJ., concur.


Summaries of

People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1991
176 A.D.2d 966 (N.Y. App. Div. 1991)
Case details for

People v. Lee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN LEE, Appellant

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

Date published: Oct 28, 1991

Citations

176 A.D.2d 966 (N.Y. App. Div. 1991)
575 N.Y.S.2d 572

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