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PEOPLE v. SMALLWOOD

183 A.D.2d 628 (1992)

The People of the State of New York, Respondent, v. Robert Smallwood, Appellant

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

May 21, 1992

The trial court properly refused defendant's request to charge attempted grand larceny. "To establish entitlement to a lesser included offense charge, the defendant must show (1) that the additional offense he seeks to have charged is a `lesser included offense' * * * and (2) that, in the particular case, there is a reasonable view of the evidence that would support a finding that he committed the lesser offense but not the greater...

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