People v. Rodriguez

Judgment of the Supreme Court, New York County (Linakis, J.), rendered September 29,1983 upon a jury verdict convicting defendant of promoting prostitution in the third degree, unanimously reversed, on the law and the facts, and the case is remanded for a new trial.

*548Defendant was indicted for promoting prostitution in the third degree (Penal Law, § 230.25). On this appeal he contends that it was error for the trial court to refuse to charge promoting prostitution in the fourth degree (Penal Law, § 230.20) as a lesser included offense. Defendant argues that the evidence only showed him to be…