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PEOPLE v. BELL

139 A.D.2d 749 (1988)

The People of the State of New York, Respondent, v. Ricardo A. Bell, Appellant

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

April 25, 1988

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in refusing to charge criminal possession of a controlled substance in the fourth degree as a lesser included offense is without merit. There was no reasonable view of the evidence which would have allowed the jury to conclude that the defendant committed the lesser but not the greater offense (see, People v Scarborough, 49 N.Y.2d 364

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