People v. Bethea, 24 A.D.3d 685

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court erred in denying the defendant‘s request to charge attempted petit larceny as a lesser-included offense of robbery in the second degree. There was a reasonable view of the evidence that would have supported a finding that the defendant committed the lesser offense but did not commit the greater (see CPL 300.50; People v Glover, 57 NY2d 61 [1982]; People v Bailey, 18 AD3d 666 [2005], lv denied 5 NY3d 759 [2005]; People v Brown, 269 AD2d 539 [2000]).

In light of our determination, the defendant‘s remaining contention need not be reached. Ritter, J.P., Rivera, Spolzino and Covello, JJ., concur.

Case Details

Case Name: People v. Bethea

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 19, 2005

Citations: 24 A.D.3d 685; 808 N.Y.S.2d 301

Court Abbreviation: N.Y. App. Div.