Opinion
June 3, 1999.
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
The court properly declined to submit robbery in the third degree as a lesser included offense of robbery in the first degree, because no reasonable view of the evidence could support a finding that defendant used force other than a knife to steal the complainant's car. Although the complainant may have had difficulty in describing the type of knife used, he clearly testified that defendant held a blade against his throat. Furthermore, no factual issue was raised at trial as to the type of force used, as opposed to the issue of whether force was used at all.
Concur — Ellerin, P. J., Tom, Wallach and Friedman, JJ.