People v. Wells
Cases that cite this one
15 later published cases cite this decision.
- People v. Clark (Appellate Division of the Supreme Court of New York 2015)
- BROWN, ADRIAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Brown (Appellate Division of the Supreme Court of New York 2016)
- People v. Brown (Appellate Division of the Supreme Court of New York 2016)
- People v. Bennett (Appellate Division of the Supreme Court of New York 2014)
- People v. Bennett (Appellate Division of the Supreme Court of New York 2014)
- People v. Felix (Appellate Division of the Supreme Court of New York 2008)
- People v. Ulysse (Appellate Division of the Supreme Court of New York 2006)
- People v. Millett (Appellate Division of the Supreme Court of New York 2006)
- People v. Kross (Appellate Division of the Supreme Court of New York 2006)
- People v. Eugene (Appellate Division of the Supreme Court of New York 2006)
- People v. Thompson (Appellate Division of the Supreme Court of New York 2006)
- People v. Monroe (Appellate Division of the Supreme Court of New York 2006)
- People v. McLaurin (Appellate Division of the Supreme Court of New York 2006)
- People v. Torres (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered June 4, 2003, convicting him of attempted robbery in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by reversing the conviction of attempted robbery in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant’s conviction stemmed from an incident which occurred on June 17, 2002, in the vicinity of Junius Street and Linden Boulevard in Brooklyn. The jury acquitted the defendant of robbery in the first degree and two counts of attempted murder in the second degree.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of assault in the second degree and criminal possession of a weapon
However, the trial court erred in submitting attempted robbery to the jury as a lesser-included offense of robbery. Viewed in the light most favorable to the defendant (see People v Martin, 59 NY2d 704 [1983]), there is no reasonable view of the evidence which would support a finding that merely an attempt and not a completed robbery had occurred (see People v Alford, 276 AD2d 797 [2000]).
The defendant’s remaining contentions are without merit. Cozier, J.P., Ritter, Luciano and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.