Since defendant's request that the court submit to the jury the count of the indictment charging criminal possession of stolen property in the fifth degree was based solely on the theory that such crime was a lesser included offense of robbery, his present claim that the court should have submitted this non-inclusory concurrent count as a matter of discretion pursuant to CPL 300.40 (3) (a) is not preserved for appellate review (see, People v Borrello,
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PEOPLE v. POZO
261 A.D.2d 144 (1999)
692 N.Y.S.2d 3
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON POZO, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 6, 1999.
Decided May 6, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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