Opinion
May 27, 1986
Appeal from the Supreme Court, Kings County (Lawrence, J.).
Judgment, as amended, affirmed.
The defendant's contention that the court erred in refusing his request to charge the jury as to petit larceny as a lesser included offense of robbery in the first degree is without merit. Under no reasonable view of the evidence could the jury have found that the defendant committed petit larceny without having also committed robbery in the first degree as charged. The court therefore correctly refused to charge the lesser crime (see, CPL 300.50; People v Glover, 57 N.Y.2d 61). The defendant's remaining contention has been reviewed and is likewise without merit. Bracken, J.P., Rubin, Kunzeman and Kooper, JJ., concur.