The court improperly denied defendant's request to submit third-degree robbery to the jury as a lesser included offense of first-degree robbery with regard to the incident of June 7, 2006. Initially, we reject the People's argument that defendant failed to preserve this issue (see CPL 470.05 [2]). Defendant specifically requested that charge and never abandoned that request. Moreover, the court expressly ruled on that request when it determined that it would charge...
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