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PEOPLE v. SHORTLEY

269 A.D.2d 254 (2000)

702 N.Y.S.2d 830

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES W. SHORTLEY, JR., Also Known as JAMES GRAHAM, Appellant.

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

Decided February 17, 2000.

The court properly denied defendant's request to charge petit larceny and theft of services as lesser included offenses of robbery in the first degree since there was no basis in the evidence beyond sheer speculation upon which the jury could find defendant guilty of either of those charges but not guilty of robbery in the first degree (see, People v Negron, 91 N.Y.2d 788, 792). Moreover, theft of services is not a lesser included...

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