New York Court of Appeals

The People of the State of New York, Respondent v. Trevor Green, Appellant

November 21, 20055 N.Y.3d 538

Summary

The New York Court of Appeals affirmed the convictions for second‑degree robbery, holding that the statutory claim‑of‑right defense under Penal Law §155.15(1) is unavailable in robbery prosecutions and that the trial court properly refused to give such an instruction. The Court also held that the defendant was foreclosed from challenging the refusal to charge a more remote lesser‑included offense.