People v. Adams

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him after a jury trial of grand larceny in the fourth degree (Penal Law § 155.30 [6]), defendant contends that County Court erred in submitting grand larceny in the fourth degree (larceny by extortion) (Penal Law § 155.30 [6]) as a lesser included offense of robbery in the third degree (Penal Law § 160.05). Although defendant is correct that larceny by extortion is not a lesser included offense of robbery (see, People v Koh, 225 AD2d 476, lv denied 88 NY2d 997), defendant withdrew his initial objection to the…