People v. Discala

OPINION OF THE COURT

Cooke, J.

In a one-count indictment defendant was charged with the crime of attempted coercion in the first degree, for which he was convicted following trial. On this appeal, he contends that the trial court erred in refusing to charge the lesser included offense of attempted coercion in the second degree. In light of the evidence, we find this argument to be without merit, as did the majority in the Appellate Division, and we therefore affirm.

Underlying the attempted coercion was the theft of a number of employee payroll checks by one Garrido, an administrator of Bronx…