People v. Chatman

Appellate Division of the Supreme Court of New York

People v. Chatman

169 A.D.2d 529, 564 N.Y.S.2d 177, 1991 N.Y. App. Div. LEXIS 503

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1991

StatusPublished

This text of 169 A.D.2d 529 (People v. Chatman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Chatman, 169 A.D.2d 529, 564 N.Y.S.2d 177, 1991 N.Y. App. Div. LEXIS 503 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Robert Adlerberg, J.), rendered July 5, [530]*5301989, which convicted the defendant, after a jury trial, of robbery in the first degree and sentenced him to an indeterminate term of imprisonment of 10 to 20 years, is unanimously affirmed.

In view of the testimony of the complainant that defendant entered the stalled elevator through its emergency shaft access, demanded money of her, the sole female occupant, at knifepoint, and stole 26 cents, which was all she had, before fleeing, there was no reasonable view of the evidence, viewed in the light most favorable to defendant, as it must be (see, People v Henderson, 41 NY2d 233, 236), that he committed the lesser included offense of attempted robbery, so as to warrant submission of the lesser crime to the jury. (See generally, People v Glover, 57 NY2d 61.) Concur—Murphy, P. J., Carro, Wallach, Kupferman and Asch, JJ.

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Judgment, Supreme Court, New York County (Robert Adlerberg, J.), rendered July 5, [530]*5301989, which convicted the defendant, after a jury trial, of robbery in the first degree and sentenced him to an indeterminate term of imprisonment of 10 to 20 years, is unanimously affirmed.

In view of the testimony of the complainant that defendant entered the stalled elevator through its emergency shaft access, demanded money of her, the sole female occupant, at knifepoint, and stole 26 cents, which was all she had, before fleeing, there was no reasonable view of the evidence, viewed in the light most favorable to defendant, as it must be (see, People v Henderson, 41 NY2d 233, 236), that he committed the lesser included offense of attempted robbery, so as to warrant submission of the lesser crime to the jury. (See generally, People v Glover, 57 NY2d 61.) Concur—Murphy, P. J., Carro, Wallach, Kupferman and Asch, JJ.

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Bluebook (online)

169 A.D.2d 529, 564 N.Y.S.2d 177, 1991 N.Y. App. Div. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chatman-nyappdiv-1991.

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