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People v. Sanders
45 A.D.2d 768
| N.Y. App. Div. | 1974
|
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Appeal by defendant from a judgment of' the County Court, Nassau County, rendered December 5, 1972, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant, along with a codefendant (Clarke), was convicted of robbery in the first degree. They had been charged with aiding ánd abetting one Edward G-ladman, the actual perpetrator of the robbery. As we noted in our decision on the codefendant’s appeal (People v. Clarke, 43 A D 2d 834), the evidence presented at the trial could have supported a finding of guilt of the lesser included crime of criminal facilitation in the second degree (Penal Law, § 115.00). Under the circumstances,, the trial court’s failure to charge the jury on criminal facilitation in the second degree, despite defendant’s request for such a charge, requires reversal and a new trial. Martuscello, Acting P. J., Latham, Shapiro, Cohalan and Brennan, JJ., concur.

Case Details

Case Name: People v. Sanders
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 24, 1974
Citation: 45 A.D.2d 768
Court Abbreviation: N.Y. App. Div.
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