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PEOPLE v. DIETZ

114 A.D.2d 1038 (1985)

The People of the State of New York, Respondent, v. Robert Dietz, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1985

Judgment affirmed.

Notwithstanding the complainant's testimony of a completed rape, there was a reasonable view of the evidence which would support a finding that defendant only committed the lesser included offense of attempted rape and, therefore, that charge was properly submitted to the jury upon request of the People (CPL 300.50 [1]; People v Glover, 57 N.Y.2d 61). Given the relatively small area of the front passenger...

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