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PEOPLE v. MOORE

60 A.D.3d 787 (2009)

875 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MOORE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 10, 2009.

Ordered that the judgment is affirmed.

A defendant is not entitled to the submission of a lesser-included offense (see CPL 1.20 [37]) unless, viewing the evidence in the light most favorable to the defendant (see People v Martin, 59 N.Y.2d 704, 705 [1983]), there is a reasonable view of the evidence under which the jury could conclude that the defendant committed the lesser offense, but not the greater (see People...

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