People v. Harris

— Judgment unanimously affirmed. Memorandum: We find no merit to defendant’s assertion that the court erred by refusing to charge attempted grand larceny in the third degree (Penal Law, § 155.30, subd 5) as a lesser included offense of attempted robbery, second degree (Penal Law, § 160.10, subd 1). The standard to be applied by the court on a request to charge lesser included offenses (CPL 300.50) has changed significantly under the recent decision in People v Glover (57 NY2d 61, 64), which holds that before an assessment of the evidence of the particular criminal transaction is made, it must…