PEOPLE v. RIVERA


167 A.D.2d 361 (1990)

The People of the State of New York, Respondent, v. Jose Rivera, Also Known as Ivan Rivera, Appellant

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

November 5, 1990


Ordered that the judgments are affirmed.

We find no merit to the defendant's contention that the trial court erred by refusing his request to charge sexual abuse in the third degree as a lesser included offense of sexual abuse in the first degree. To establish entitlement to a lesser included offense charge, the defendant must show, in pertinent part, that "there is a reasonable view of [the] evidence [in the particular case that] would support a finding that [he...

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