People v. Shortley

Appellate Division of the Supreme Court of New York

People v. Shortley

269 A.D.2d 254, 702 N.Y.S.2d 830, 2000 N.Y. App. Div. LEXIS 1550

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

DecidedFebruary 17, 2000

StatusPublished

Cited by1 cases

This text of 269 A.D.2d 254 (People v. Shortley) 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. Shortley, 269 A.D.2d 254, 702 N.Y.S.2d 830, 2000 N.Y. App. Div. LEXIS 1550 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered April 15, 1996, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

The court properly denied defendant’s request to charge petit larceny and theft of services as lesser included offenses of robbery in the first degree since there was no basis in the evidence beyond sheer speculation upon which the jury could find defendant guilty of either of those charges but not guilty of robbery in the first degree (see, People v Negron, 91 NY2d 788, 792). Moreover, theft of services is not a lesser included offense of robbery in the first degree (see, People v Glover, 57 NY2d 61, 63-64).

The verdict was not against the weight of the evidence, nor [255]*255should it be set aside in the interest of justice. We see no reason to disturb the jury’s credibility determinations. Concur— Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered April 15, 1996, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

The court properly denied defendant’s request to charge petit larceny and theft of services as lesser included offenses of robbery in the first degree since there was no basis in the evidence beyond sheer speculation upon which the jury could find defendant guilty of either of those charges but not guilty of robbery in the first degree (see, People v Negron, 91 NY2d 788, 792). Moreover, theft of services is not a lesser included offense of robbery in the first degree (see, People v Glover, 57 NY2d 61, 63-64).

The verdict was not against the weight of the evidence, nor [255]*255should it be set aside in the interest of justice. We see no reason to disturb the jury’s credibility determinations. Concur— Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.

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Bluebook (online)

269 A.D.2d 254, 702 N.Y.S.2d 830, 2000 N.Y. App. Div. LEXIS 1550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shortley-nyappdiv-2000.

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