People v. Rawls

Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered August 22, 2006, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously modified, on the law, to the extent of vacating the *979second felony offender adjudication and remanding for resentencing, and otherwise affirmed.

The court properly declined to submit petit larceny as a lesser included offense. In light of the victim’s integrated testimony establishing defendant’s use of force in attempting to retain the stolen…