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PEOPLE v. WILLIAMS

213 A.D.2d 175 (1995)

623 N.Y.S.2d 238

The People of the State of New York, Respondent, v. Carlton Williams, Appellant

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

March 7, 1995

The court properly refused to submit to the jury attempted petit larceny as a lesser included offense of attempted robbery in the first degree, because there was no reasonable view of the evidence (see, People v Scarborough, 49 N.Y.2d 364) that defendant attempted to take property without the use of force. The complainant testified to a forcible attempted taking, and the defense theory, based on defendant's statement to the...

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