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PEOPLE v. McNEIL

63 A.D.3d 551 (2009)

881 N.Y.S.2d 417

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH McNEIL, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2009.

The court properly declined to submit third-degree robbery as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he took the victim's property by means of some kind of force other than display of what appeared to be a firearm (see e.g. People v Peaks, 297 A.D.2d 578 [2002], lv denied 99 N.Y.2d 562 [2002]). The victim testified that defendant simulated a firearm...

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