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PEOPLE v. MILLER

156 A.D.2d 265 (1989)

The People of the State of New York, Respondent, v. Andre Miller, Appellant

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

December 19, 1989

Contrary to defendant's contentions, the People clearly proved the market value of the stolen vehicle to exceed $3,000 by establishing the car's purchase price, condition and approximate mileage at the time of the crime (People v Supino, 64 A.D.2d 720). The court properly refused to charge criminal possession of stolen property in the fourth degree as a lesser included offense. Although it was impossible to commit the greater crime...

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