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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1992
185 A.D.2d 367 (N.Y. App. Div. 1992)

Opinion

July 27, 1992

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the judgment is affirmed.

We find no merit in the defendant's contention that the trial court erred when it rejected his request that the jury be instructed on the lesser-included offense of robbery in the second degree. By no reasonable view of the evidence presented could the jury have concluded that the gun displayed was "not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged" (Penal Law § 160.15), thereby warranting the instruction on the lesser charge (see, People v. Gilliard, 72 N.Y.2d 877; People v. Cotarelo, 71 N.Y.2d 941; CPL 300.50; see generally, People v. Lopez, 73 N.Y.2d 214, 219-220). Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1992
185 A.D.2d 367 (N.Y. App. Div. 1992)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY RIVERA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 27, 1992

Citations

185 A.D.2d 367 (N.Y. App. Div. 1992)

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