PEOPLE v. COOPER


294 A.D.2d 592 (2002)

744 N.Y.S.2d 423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY COOPER, Appellant.

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

Decided May 28, 2002.


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the trial court correctly denied the defense request that robbery in the third degree and petit larceny be submitted to the jury as lesser included offenses. It is well settled that a trial court may not submit a lesser included offense unless (1) it would be impossible to commit the greater offense without also committing the lesser, and (2) a reasonable view of the evidence would support...

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