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PEOPLE v. SMITH

240 A.D.2d 300 (1997)

658 N.Y.S.2d 621

The People of the State of New York, Respondent, v. Jerome Smith, Appellant

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

June 19, 1997

Defendant's request to charge the lesser included offense of attempted petit larceny was properly denied. There was no reasonable view of the evidence that defendant committed the lesser included offense but not the greater, "especially given defendant's testimony at trial denying any form of larceny whatsoever" (People v Brown, 226 A.D.2d 242, 243, lv denied 88 N.Y.2d 1019). No evidence suggested a non-forcible attempt to...

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