| People v Marshall |
| 2007 NY Slip Op 07019 [43 AD3d 1184] |
| September 25, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v CollinMarshall, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeannetteLifschitz, and Jennifer Etkin of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter,J.), rendered February 15, 2005, convicting him of grand larceny in the fourth degree andcriminal possession of stolen property in the fourth degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The trial court properly declined to submit to the jury the charges of petit larceny andcriminal possession of stolen property in the fifth degree as lesser included offenses since therewas no reasonable view of the evidence that the defendant committed the lesser offenses withouthaving committed the greater offenses (see CPL 300.50 [1]; People v Glover, 57NY2d 61, 63 [1982]; People v Scarborough, 49 NY2d 364, 369, 371, 373 [1980]; People v Carter, 36 AD3d 624[2007], lv denied 8 NY3d 983 [2007]; People v Miller, 156 AD2d 265 [1989]).
The defendant's challenges to the prosecutor's summation comments are unpreserved forappellate review (see CPL 470.05 [2]; People v Balls, 69 NY2d 641 [1986]) and,in any event, are without merit (seePeople v Negron, 41 AD3d 865 [2007]; People v Carter, 36 AD3d 624 [2007], supra; see also People vCrimmins, 36 NY2d 230 [1975]). Prudenti, P.J., Santucci, Fisher and Angiolillo, JJ., concur.