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People v. Montrevili

12 A.D.3d 620, 784 N.Y.S.2d 372, 2004 N.Y. App. Div. LEXIS 14243
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 22, 2004
StatusPublished

This text of 12 A.D.3d 620 (People v. Montrevili) 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. Montrevili, 12 A.D.3d 620, 784 N.Y.S.2d 372, 2004 N.Y. App. Div. LEXIS 14243 (N.Y. Ct. App. 2004).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marras, J.), rendered July 11, 2002, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentencing.

Ordered that the judgment is affirmed.

The Supreme Court properly refused to submit the lesser-included offense of robbery in the third degree to the jury. There was no reasonable view of the evidence by which the jury could have found that the defendant committed the lesser offense but not the greater (see People v Glover, 57 NY2d 61 [1982]; People v Scarborough, 49 NY2d 364 [1980]; see also People v Baskerville, 60 NY2d 374, 381 [1983]). H. Miller, J.P., Crane, Mastro and Spolzino, JJ., concur.

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Related

People v. Scarborough
402 N.E.2d 1127 (New York Court of Appeals, 1980)
People v. Glover
439 N.E.2d 376 (New York Court of Appeals, 1982)
People v. Baskerville
457 N.E.2d 752 (New York Court of Appeals, 1983)

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Bluebook (online)
12 A.D.3d 620, 784 N.Y.S.2d 372, 2004 N.Y. App. Div. LEXIS 14243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montrevili-nyappdiv-2004.