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People v. Sanders

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1974
45 A.D.2d 768 (N.Y. App. Div. 1974)

Opinion

June 24, 1974


Appeal by defendant from a judgment of the County Court, Nassau County, rendered December 5, 1972, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant, along with a codefendant (Clarke), was convicted of robbery in the first degree. They had been charged with aiding and abetting one Edward Gladman, the actual perpetrator of the robbery. As we noted in our decision on the codefendant's appeal ( People v. Clarke, 43 A.D.2d 834), the evidence presented at the trial could have supported a finding of guilt of the lesser included crime of criminal facilitation in the second degree (Penal Law, § 115.00). Under the circumstances, the trial court's failure to charge the jury on criminal facilitation in the second degree, despite defendant's request for such a charge, requires reversal and a new trial. Martuscello, Acting P.J., Latham, Shapiro, Cohalan and Brennan, JJ., concur.


Summaries of

People v. Sanders

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1974
45 A.D.2d 768 (N.Y. App. Div. 1974)
Case details for

People v. Sanders

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VANCE SINCLAIR…

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

Date published: Jun 24, 1974

Citations

45 A.D.2d 768 (N.Y. App. Div. 1974)

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