Since defendant made no explicit request to submit unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]) as a lesser included offense of grand larceny in the fourth degree (vehicular larceny under Penal Law § 155.30 [8]), nor registered any kind of protest to the court's failure to submit the separate unauthorized use count already contained in the indictment, the applicable statutes (CPL 300.40 [3] [b]; 300.50 [1]-[3]) preclude any finding...
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