Opinion
October 3, 1995
Appeal from the Supreme Court, New York County (Ira Beal, J.).
The court properly refused to charge petit larceny and criminal possession of stolen property in the fifth degree as lesser included offenses. No reasonable view of the evidence supported a finding that defendant committed the lesser, but not the greater, crimes. For the jury to so find, it would have had to speculate that the complainant forgot to put her wallet in her purse or that she lost the wallet in the few hours before the incident; however, in these matters, such speculation is impermissible ( see, People v. Scarborough, 49 N.Y.2d 364, 371).
Concur — Murphy, P.J., Wallach, Ross, Nardelli and Tom, JJ.