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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1997
245 A.D.2d 575 (N.Y. App. Div. 1997)

Opinion

December 29, 1997

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


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request to charge petit larceny as a lesser-included offense of robbery in the second degree since no reasonable view of the evidence would have supported the conclusion that the defendant committed the lesser offense but not the greater offense ( see, People v. White, 121 A.D.2d 762; People v. France, 216 A.D.2d 579).

The sentence imposed was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

Rosenblatt, J. P., Ritter, Altman and Florio, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1997
245 A.D.2d 575 (N.Y. App. Div. 1997)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMAR TORRES, Appellant

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

Date published: Dec 29, 1997

Citations

245 A.D.2d 575 (N.Y. App. Div. 1997)
666 N.Y.S.2d 512