New York Court of Appeals

The People of the State of New York, Respondent v. Tebrue James, Appellant

December 18, 200811 N.Y.3d 886

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that robbery in the third degree is a lesser‑included offense of robbery in the first degree but that the evidence did not support a conviction on the lesser charge. Accordingly, the Supreme Court did not err in refusing to submit that charge to the jury.