People v. Valle
| Decision Date | 07 January 1965 |
| Citation | 204 N.E.2d 215,255 N.Y.S.2d 889,15 N.Y.2d 682 |
| Parties | , 204 N.E.2d 215 The PEOPLE, etc., Respondent, v. Edmond VALLE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 21 A.D.2d 765, 250 N.Y.S.2d 451.
Defendant was convicted of first degree robbery.
The Supreme Court, New York County, Nathaniel T. Helman, J., entered judgment, and the defendant appealed.
The Appellate Division affirmed the judgment and held that failure to charge robbery in the second and third degrees was not improper, where, if testimony of defendant and co-defendant were accepted, jury should have acquitted defendant, and any conviction of lesser crime would necessarily have been founded on speculation and would have represented compromise without any basis in the evidence. Rabin, J., and Breitel, J. P., dissented.
The defendant appealed to the Court of Appeals.
Eliot N. Vestner, Jr., and Anthony F. Marra, New York City, for appellant.
Frank S. Hogan, New York City (H. Richard Uviller and Raymond S. Hack, New York City, of counsel), for respondent.
Judgment reversed and a new trial ordered upon the dissenting opinion at the Appellate Division.
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