People v. Smallwood

— Judgment, Supreme Court, Bronx County (Robert G. Seewald, J.), rendered August 20, 1990, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of imprisonment of 2 to 4 years, unanimously affirmed.

*629The trial court properly refused defendant’s request to charge attempted grand larceny. "To establish entitlement to a lesser included offense charge, the defendant must show (1) that the additional offense he seeks to have charged is a 'lesser included offense’ * * * and (2) that, in the particular case, there…