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PEOPLE v. RAWLS

65 A.D.3d 978 (2009)

885 N.Y.S.2d 417

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE RAWLS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2009.

The court properly declined to submit petit larceny as a lesser included offense. In light of the victim's integrated testimony establishing defendant's use of force in attempting to retain the stolen items, there was no reasonable view of the evidence, viewed most favorably to defendant, that he was guilty of larceny but not robbery (see People v Tucker, 41 A.D.3d 210 [2007], lv denied 9 N.Y.3d 882 [2007], cert denied...

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