Opinion
January 14, 1997.
Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered August 3, 1994, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Before: Ellerin, J. P., Wallach, Nardelli and Mazzarelli, JJ.
The trial court properly declined to charge attempted robbery in the third degree as a lesser included offense of robbery in the third degree, since there is no reasonable view of the evidence that could support a finding that defendant committed the lesser offense but not the greater ( see, People v Glover, 57 NY2d 61, 63-64; CPL 300.50).