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PEOPLE v. WASHINGTON

21 A.D.3d 253 (2005)

799 N.Y.S.2d 217

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

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

August 4, 2005.

The court properly declined to submit petit larceny as a lesser included offense. There was no reasonable view of the evidence, viewed most favorably to defendant, that defendant did not steal a wallet from the victim's person, but instead only committed petit larceny by acquiring lost property (Penal Law § 155.05 [2] [b]). Nothing in the evidence supported a theory that the victim's wallet somehow fell out of his pocket and...

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