PEOPLE v. MARSHALL


43 A.D.3d 1184 (2007)

842 N.Y.S.2d 96

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLLIN MARSHALL, Appellant.

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

Decided September 25, 2007.


Ordered that the judgment is affirmed.

The trial court properly declined to submit to the jury the charges of petit larceny and criminal possession of stolen property in the fifth degree as lesser included offenses since there was no reasonable view of the evidence that the defendant committed the lesser offenses without having committed the greater offenses (see CPL 300.50 [1]; People v Glover, 57 N.Y.2d 61, 63 [1982...

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