People v. Boisseau

Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered February 28, 1992, convicting defendant, after a nonjury trial, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 Vz to 7 years, unanimously affirmed.

While the trial court should have announced its intention to consider lesser included offenses prior to the commencement of summations (CPL 300.10 [4]), the error was rendered harmless by the opportunity given defense counsel to begin his *518summation anew after the charge conference. Indeed, asked by the court if he…