PEOPLE v. MARSHALL (2007)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered February 15, 2005, convicting him of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court properly declined to submit to the jury the charges of petit larceny and criminal possession of stolen property in the fifth degree as lesser-included offenses since there was no reasonable view of the evidence that the defendant committed the lesser offenses without having committed the greater offenses (see CPL 300.50[1];  People v. Glover, 57 N.Y.2d 61, 63, 453 N.Y.S.2d 660, 439 N.E.2d 376;  People v. Scarborough, 49 N.Y.2d 364, 369, 371, 373, 426 N.Y.S.2d 224, 402 N.E.2d 1127;  People v. Carter, 36 A.D.3d 624, 831 N.Y.S.2d 87, lv. denied 8 N.Y.3d 983, 838 N.Y.S.2d 486, 869 N.E.2d 662;  People v. Miller, 156 A.D.2d 265, 548 N.Y.S.2d 654).

The defendant's challenges to the prosecutor's summation comments are unpreserved for appellate review (see CPL 470.05[2];  People v. Balls, 69 N.Y.2d 641, 511 N.Y.S.2d 586, 503 N.E.2d 1017) and, in any event, are without merit (see People v. Negron, 41 A.D.3d 865, 837 N.Y.S.2d 586;  People v. Carter, 36 A.D.3d 624, 831 N.Y.S.2d 87, supra;  see also, People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).