People v. Hayes

235 A.D.2d 255, 652 N.Y.S.2d 510, 1997 N.Y. App. Div. LEXIS 223

Opinion

Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered August 3, 1994, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The trial court properly declined to charge attempted robbery in the third degree as a lesser included offense of robbery in the third degree, since there is no reasonable view of the evidence that could support a finding that defendant committed the lesser offense but not the greater (see, People v Glover, 57 NY2d 61, 63-64; CPL 300.50 [1]). Concur—Ellerin, J. P., Wallach, Nardelli and Mazzarelli, JJ.