PEOPLE v. GLOVER


57 N.Y.2d 61 (1982)

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

Court of Appeals of the State of New York.

Decided June 23, 1982.


Attorney(s) appearing for the Case

David S. Jacobs for appellant.

Elizabeth Holtzman, District Attorney (Karen M. Wigle of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.


Per Curiam.

To establish entitlement to a lesser included offense charge, the defendant must make two showings. First, it must be shown that the additional offense that he desires to have charged is a "lesser included offense", i.e., that it is an offense of lesser grade or degree and that in all circumstances, not only in those presented in the particular case, it is impossible to commit the greater crime without concomitantly...

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