People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME SMITH, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 19, 1997

240 A.D.2d 300 (N.Y. App. Div. 1997)

658 N.Y.S.2d 621

Opinion

June 19, 1997

Appeal from the Supreme Court, New York County (Laura Drager, J.).

Defendant's request to charge the lesser included offense of attempted petit larceny was properly denied. There was no reasonable view of the evidence that defendant committed the lesser included offense but not the greater, "especially given defendant's testimony at trial denying any form of larceny whatsoever" ( People v. Brown, 226 A.D.2d 242, 243, lv denied 88 N.Y.2d 1019). No evidence suggested a non-forcible attempt to take property.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Colabella, JJ.