Opinion
January 20, 1998
Appeal from the Supreme Court, Suffolk County (Harris, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court's Sandoval ruling constituted a provident exercise of discretion ( see, People v. Sandoval, 34 N.Y.2d 371). Further, the court properly denied the defendant's request to charge the jury on driving without a license ( see, Vehicle and Traffic Law § 509) as a lesser-included offense of the charge of aggravated unlicensed operation of a motor vehicle in the first degree ( see, Vehicle and Traffic Law § 511). On the facts of this case, no reasonable view of the evidence would have permitted the jury to conclude that the defendant committed the lesser offense but did not commit the greater ( see, People v. Glover, 57 N.Y.2d 61; cf., People v. Gribben, 164 A.D.2d 944).
The defendant's remaining contentions lack merit.
Joy, J.P., Krausman, Florio and McGinity, JJ., concur.