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PEOPLE v. SILER

16584, 2063/10

135 A.D.3d 453 (2016)

21 N.Y.S.3d 893

2016 NY Slip Op 00055

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD SILER, Appellant.

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

Decided January 7, 2016.

The court properly granted the People's request for submission of attempted rape in the first degree as a lesser included offense of first-degree rape. There was ample evidence to support a reasonable view that defendant's conduct only constituted an attempt (see generally CPL 300.50 [1]; People v Glover, 57 N.Y.2d 61 [1982]). When the reasonable view test is satisfied, the court...

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