PEOPLE v. SINGLETON


288 A.D.2d 405 (2001)

732 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SINGLETON, Appellant.

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

Decided November 19, 2001.


Ordered that the judgment is affirmed.

The Supreme Court correctly denied the defendant's request to charge attempted rape in the first degree as a lesser-included offense of rape in the first degree (see, Penal Law §§ 110.00, 130.00, 130.35). Although attempted rape in the first degree is a lesser-included offense of rape in the first degree, there is no reasonable view of the evidence to support a finding that the defendant committed the lesser...

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