People v. Koh

Since defendant’s request for a charge of attempted grand larceny in the fourth degree as a lesser included offense of attempted robbery did not advise that it was specifically based on Penal Law § 155.30 (6), i.e., grand larceny by extortion, the claim that it was error to deny the request is unpreserved as a matter of law (see, People v Sater, 201 AD2d 323, lv denied 83 NY2d 858), and we decline to review it in the interest of justice. If we were to review it, we would find that it is possible to commit attempted robbery {see, Penal Law § 160.00) without at the same time committing…