People v. Youmans

Appellate Division of the Supreme Court of New York

People v. Youmans

251 A.D.2d 436, 673 N.Y.S.2d 326, 1998 N.Y. App. Div. LEXIS 6560

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

DecidedJune 8, 1998

StatusPublished

Cited by2 cases

This text of 251 A.D.2d 436 (People v. Youmans) 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. Youmans, 251 A.D.2d 436, 673 N.Y.S.2d 326, 1998 N.Y. App. Div. LEXIS 6560 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered June 18, 1996, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments concerning the trial court’s submission of the crime of robbery in the third degree to the jury as a lesser-included offense are not preserved for appellate review (CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19). In any event, an examination of the record indicates there was a reasonable view of the evidence which would support a finding that the defendant committed the lesser offense of robbery in the third degree, but not the greater offense of robbery in the first degree (see, CPL 300.50 [1]; see generally, People v Scarborough, 49 NY2d 364). Accordingly, the trial court properly charged robbery in the third degree, and the judgment must be affirmed. Mangano, P. J., Rosenblatt, Ritter and Krausman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered June 18, 1996, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments concerning the trial court’s submission of the crime of robbery in the third degree to the jury as a lesser-included offense are not preserved for appellate review (CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19). In any event, an examination of the record indicates there was a reasonable view of the evidence which would support a finding that the defendant committed the lesser offense of robbery in the third degree, but not the greater offense of robbery in the first degree (see, CPL 300.50 [1]; see generally, People v Scarborough, 49 NY2d 364). Accordingly, the trial court properly charged robbery in the third degree, and the judgment must be affirmed. Mangano, P. J., Rosenblatt, Ritter and Krausman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

251 A.D.2d 436, 673 N.Y.S.2d 326, 1998 N.Y. App. Div. LEXIS 6560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-youmans-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack