PEOPLE v. MARKIDIS


142 A.D.2d 990 (1988)

The People of the State of New York, Respondent, v. Robert Markidis, Appellant. (Appeal No. 1.)

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

July 7, 1988


Judgment unanimously affirmed.

Memorandum:

The trial court properly refused to charge the jury on the misdemeanor crime of leaving the scene of a motor vehicle accident as a lesser included offense of leaving the scene of a fatal motor vehicle accident as a felony (Vehicle and Traffic Law § 600 [2] [b]). To establish entitlement to a lesser included offense charge, defendant must show that in every circumstance it is impossible to commit the greater crime...

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