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PEOPLE v. MIZZELL

197 A.D.2d 904 (1993)

602 N.Y.S.2d 261

The People of the State of New York, Respondent, v. Clifford Mizzell, Appellant

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

October 1, 1993

Judgment unanimously affirmed.

Memorandum:

County Court properly denied defendant's request to charge attempted grand larceny in the fourth degree as a lesser included offense of grand larceny in the fourth degree. Attempted grand larceny in the fourth degree is a lesser included offense of grand larceny in the fourth degree because it is theoretically impossible to commit the greater crime without, at the same...

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