Opinion
January 22, 1991
Appeal from the Supreme Court, New York County (Robert Adlerberg, J.).
In view of the testimony of the complainant that defendant entered the stalled elevator through its emergency shaft access, demanded money of her, the sole female occupant, at knifepoint, and stole 26 cents, which was all she had, before fleeing, there was no reasonable view of the evidence, viewed in the light most favorable to defendant, as it must be (see, People v Henderson, 41 N.Y.2d 233, 236), that he committed the lesser included offense of attempted robbery, so as to warrant submission of the lesser crime to the jury. (See generally, People v Glover, 57 N.Y.2d 61. )
Concur — Murphy, P.J., Carro, Wallach, Kupferman and Asch, JJ.