PEOPLE v. RUSSELL


147 A.D.2d 280 (1989)

The People of the State of New York, Respondent, v. Ernest Russell, Appellant

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

June 20, 1989


Attorney(s) appearing for the Case

Bertrand J. Kahn of counsel (Philip L. Weinstein, attorney), for appellant.

Lisa A. Jones of counsel (Paul Harnisch with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., SULLIVAN, ASCH and KASSAL, JJ., concur.


WALLACH, J.

Submission to the jury of a lesser included offense at the trial of a criminal charge, over the objection of the defendant, is based on the algebraic proposition that the greater includes the less, and for this reason indictment on the greater charge ordinarily furnishes adequate notice of exposure to conviction on the lesser. While this conviction for grand larceny in the third degree may, as a...

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