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People v. Hayes

235 A.D.2d 255 Court N.Y. App. Div. Decision date 1997-01-14 English

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p. 255
The People of the State of New York, Respondent, v Dwight Hayes, Appellant.
[652 NYS2d 510]

Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered August 3, 1994, convicting defendant, after a jury trial, of robbery in

p. 256
the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The trial court properly declined to charge attempted robbery in the third degree as a lesser included offense of robbery in the third degree, since there is no reasonable view of the evidence that could support a finding that defendant committed the lesser offense but not the greater (see, People v Glover, 57 NY2d 61 , 63-64; CPL 300.50 [1]). Concur—Ellerin, J. P., Wallach, Nardelli and Mazzarelli, JJ.

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