Opinion
2305.
November 25, 2003.
Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered November 15, 2001, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.
Dana Poole, for Respondent.
Risa Gerson, for Defendant-Appellant.
Before: Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.
The trial court properly refused to submit attempted robbery in the third degree to the jury as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that the defendant committed the lesser offense but not the greater offense (see People v. Lopez, 73 N.Y.2d 214, 221-222; People v. Simmons, 186 A.D.2d 95, 96, lv denied 81 N.Y.2d 976).
The court properly exercised its discretion in denying defendant's request, made at the start of trial, to hire private counsel (see People v. Arroyave, 49 N.Y.2d 264, 271-72). The last-minute substitution would have caused serious delay and inconvenience, particularly since the People had already brought the victim, a foreign national, back from overseas to testify. Furthermore, defendant did not "demonstrate that the requested adjournment [was] necessitated by forces beyond his control and [was] not simply a dilatory tactic" (id. at 272).