Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered March 15, 1995, upon a verdict convicting defendant of the crimes of manslaughter in the first degree and robbery in the first degree.
Defendant inflicted multiple stab wounds on a long-time acquaintance, resulting in the latter’s death. He then took $50 in cash which belonged to the victim. As a result, he was indicted on two counts of murder in the second degree and one count of robbery in the first degree. Defendant was convicted of one count each of manslaughter in the first degree and robbery in the first degree and sentenced to concurrent indeterminate prison terms of SVs to 25 years. Defendant appeals, claiming ineffective assistance of counsel, legally insufficient evidence to disprove his defense of self-defense, error in County Court’s refusal to charge the lesser included offense of petit larceny, and that the sentence imposed is harsh and excessive.
Defendant has received .the effective assistance of counsel when “the evidence, the law and the circumstances of the case, viewed in their totality and as of the time of representation, reveal that the defendant received meaningful representation” (People v Wright,
We next address defendant’s contention that County Court committed error by refusing to charge petit larceny as a lesser included offense of robbery in the first degree. To be entitled to a charge of a lesser included offense, defendant must establish two elements: first, that it is impossible to commit the greater offense without concomitantly committing the lesser offense (see CPL 1.20 [37]; People v Mitchell,
On this issue, we view the evidence in the light most favorable to the People (see People v Contes,
Finally, defendant’s challenge to the sentence imposed is unpersuasive. Although defendant was sentenced to the maximum allowable for each crime (see Penal Law § 70.02 [3] [a]), each sentence is within the requisite statutory parameters and will not be disturbed absent a showing that the sentencing court abused its discretion or that extraordinary circumstances exist in the record which warrant modification (see People v Bell,
Crew III, J.P., Carpinello, Rose and Kane, JJ., concur. Ordered that the judgment is affirmed.
