People v. Markidis

Judgment unanimously affirmed. Memorandum: The trial court properly refused to charge the jury on the misdemeanor crime of leaving the scene of a motor vehicle accident as a lesser included offense of leaving the scene of a fatal motor vehicle accident as a felony (Vehicle and Traffic Law § 600 [2] [b]). To establish entitlement to a lesser included offense charge, defendant must show that in every circumstance it is impossible to commit the greater crime without concomitantly, by the same conduct, committing the lesser offense and that there is a reasonable view of the evidence in the…