PEOPLE v. VALERY

2012-08555, Ind. No. 166/11.

135 A.D.3d 975 (2016)

24 N.Y.S.3d 362

2016 NY Slip Op 00533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY VALERY, Appellant.

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

Decided January 27, 2016.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the conviction of attempted robbery in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The court did not err in denying the defendant's request for a justification charge on the counts of assault in the second degree and resisting arrest. There was no reasonable view...

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