PEOPLE v. SMITH (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jerome SMITH, Defendant-Appellant.

Decided: June 19, 1997

Before SULLIVAN, J.P., and ROSENBERGER, ELLERIN, WILLIAMS and COLABELLA, JJ.

Eleanor J. Ostrow, for respondent. Robert Mauer, for defendant-appellant.

Judgment, Supreme Court, New York County (Laura Drager, J.), rendered July 19, 1995, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.

Defendant's request to charge the lesser included offense of attempted petit larceny was properly denied. There was no reasonable view of the evidence that defendant committed the lesser included offense but not the greater, “especially given defendant's testimony at trial denying any form of larceny whatsoever” (see, People v. Brown, 226 A.D.2d 242, 641 N.Y.S.2d 612, lv. denied 88 N.Y.2d 1019, 651 N.Y.S.2d 18, 673 N.E.2d 1245). No evidence suggested a non-forcible attempt to take property.

MEMORANDUM DECISION.

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