Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly refused his request to charge the jury on unauthorized use of a vehicle in the third degree as a lesser-included offense of criminal possession of stolen property in the fourth degree (see Penal Law § 165.45 [5]). The defendant failed to establish his entitlement to the lesser-included offense charge, since it is theoretically possible to commit the...
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