People v. Galvin

• Decision Date: 05 February 1993
• Citation: 190 A.D.2d 1023,594 N.Y.S.2d 1005
• Parties: PEOPLE of the State of New York, Respondent, v. Ricky GALVIN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 1005

594 N.Y.S.2d 1005

190 A.D.2d 1023

PEOPLE of the State of New York, Respondent, v. Ricky GALVIN, Appellant.

Supreme Court of New York, Appellate Division,

Fourth Department.

February 5, 1993

Willie Felton, Rochester, for appellant. Richard M. Healy by Valerie Friedlander, Lyons, for respondent.

Judgment unanimously affirmed. Memorandum: Defendant's contention that the proof was legally insufficient to support the conviction is without merit (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). The court properly denied his request to charge criminal facilitation as a lesser included offense of accomplice liability pursuant to Penal Law § 20.00 (see, People v. Sturgis, 112 A.D.2d 757, 758, 492 N.Y.S.2d 257, lv. denied 68 N.Y.2d 817, 507 N.Y.S.2d 1036, 499 N.E.2d 885; People v. Chavis, 99 A.D.2d 584, 585-586, 471 N.Y.S.2d 421). (Appeal from Judgment of Wayne County Court, Strobridge, J.--Murder, 2nd Degree.)

BOOMER, J.P., and PINE, LAWTON, BOEHM and FALLON, JJ., concur.