Opinion
June 30, 1994
Appeal from the Supreme Court, Bronx County (Joseph A. Mazur, J.).
Viewing the evidence adduced at trial in a light most favorable to the defendant (see, People v. Martin, 59 N.Y.2d 704, 705), there is no reasonable view that defendant, who ordered food from a restaurant, refused to pay for it, fired his gun, took the food from the restaurant and testified that he took the food and ate it, only attempted the robbery. The court did not err in denying defendant's request to submit attempted robbery as a lesser included offense (People v. Granvy, 182 A.D.2d 540, 541, lv denied 80 N.Y.2d 904; People v. Smallwood, 183 A.D.2d 628, lv denied 80 N.Y.2d 896).
Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Nardelli, JJ.