PEOPLE v. KHALID


277 A.D.2d 41 (2000)

715 N.Y.S.2d 411

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISSAC KHALID, Also Known as ISAAC KHALIL, Also Known as ISSAC KHALIO, Appellant.

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

Decided November 9, 2000.


The court properly refused to charge petit larceny as a lesser included offense since there was no reasonable view of the evidence that defendant committed the lesser offense but not the greater. The threatened use of force in the taking of the property was integral to the complainant's account of the crime. In contrast, defendant testified that he committed no larceny at all, but rather that the complainant voluntarily gave him the property as collateral to secure a debt...

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