PEOPLE v. GARCIA


219 A.D.2d 669 (1995)

631 N.Y.S.2d 384

The People of the State of New York, Respondent, v. Luis Garcia, Appellant

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

September 18, 1995


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the trial court erred in refusing his request to charge grand larceny in the fourth degree as a lesser-included offense of robbery in the first degree. To establish entitlement to a lesser-included offense charge, the defendant must show (1) that it is impossible to commit the greater offense without concomitantly committing, by the same conduct, the lesser offense (see...

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