People v. Miller

156 A.D.2d 265, 548 N.Y.S.2d 654, 1989 N.Y. App. Div. LEXIS 15818

Opinion

Judgment, Supreme Court, New York County (Richard T. Andrias, J.), rendered June 6, 1988, convicting defendant, after a jury trial, of criminal possession of stolen property in the third degree (Penal Law § 165.50), and sentencing him, as a predicate felony offender, to an indeterminate term of imprisonment of from 2 Vi to 5 years, unanimously affirmed.

Contrary to defendant’s contentions, the People clearly proved the market value of the stolen vehicle to exceed $3,000 by establishing the car’s purchase price, condition and approximate mileage at the time of the crime (People v Supino, 64 AD2d 720). The court properly refused to charge criminal possession of stolen property in the fourth degree as a lesser included offense. Although it was impossible to commit the greater crime herein without concomitantly, by the same conduct, committing the lesser offense (People v Glover, 57 NY2d 61, 63), there is no showing that a reasonable view of the evidence would support such a finding without forcing the jury to speculate (see, People v Scarborough, 49 NY2d 364, 371). Concur—Kupferman, J. P., Asch, Kassal, Wallach and Rubin, JJ.