People v. Brown

New York Court of Appeals
People v. Brown, 70 N.Y.2d 857 (N.Y. 1987)
523 N.Y.S.2d 456; 517 N.E.2d 1342; 1987 N.Y. LEXIS 19066
Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur

People v. Brown

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant appeals his conviction after a jury trial of two counts of robbery in the first degree (Penal Law § 160.15 [2], [4]) and one count of robbery in the second degree (Penal Law § 160.10 [1]), claiming the trial court erred in denying his request for a charge of criminal possession of stolen property in the third degree (Penal Law former § 165.40 [now § 165.50]) as a lesser included offense of robbery. Criminal possession of stolen property in the third degree requires the possession, or the exercise of dominion or control, over tangible property (Penal Law § 10.00 [8]); the definitions of robbery in the first and second degrees are not so limited. Because the "theoretical impossibility” test in the definition of a lesser included offense cannot be met, the trial court properly refused defendant’s request (People v Glover, 57 NY2d 61; see, People v Wheeler, 67 NY2d 960). There is, therefore, no need to consider whether a reasonable view of the evidence would support a finding that the defendant committed criminal possession of stolen property in the third degree but not robbery in the first or second degree (see, CPL 300.50 [1]; People v Glover, 57 NY2d 61, 63, supra).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

Reference

Full Case Name
The People of the State of New York, Respondent, v. Christopher Brown, Appellant
Cited By
6 cases
Status
Published