People v. Heide

OPINION OF THE COURT

Memorandum.

The Appellate Division order should be affirmed.

A two-pronged showing is required to establish entitlement to a lesser included offense charge. First, it must be shown that the additional offense is a lesser included offense within the meaning of CPL 1.20 (37). Second, the requesting party must show that there is a reasonable view of the evidence in the particular case that would support a finding that the defendant committed the lesser included offense, but not the greater (CPL 300.50 [1]; People v Glover, 57 NY2d 61, 63).

It is undisputed here that criminally…