PEOPLE v. VELILLA


285 A.D.2d 565 (2001)

728 N.Y.S.2d 84

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM VELILLA, Appellant.

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

Decided July 16, 2001.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied his request to submit the charges of robbery in the third degree and grand larceny in the fourth degree to the jury as lesser-included offenses. Grand larceny in the fourth degree is not a lesser-included offense of robbery in the first degree since it is theoretically possible to commit robbery in the first degree (see, Penal Law § 160.15 [4...

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