Ordered that the judgment is affirmed.
The defendant contends that the failure of the Trial Judge to charge the jury on the lesser included offense of rape in the third degree (see, Penal Law § 130.25 [2]) constituted reversible error. We do not agree.
In order to demonstrate that he was entitled to a lesser included offense charge, the defendant was required to show that "in all circumstances, not only in those presented in the particular case...
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