People v. Vicks

Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction of criminal possession of stolen property in the first degree (Penal Law § 165.50). He contends that reversal is mandated by the trial court’s failure to charge as a lesser included offense the crime of unauthorized use of a motor vehicle (Penal Law § 165.05). In People v Ludolph (63 AD2d 77) we held that based on the particular facts of a case the crime of unauthorized use of a motor vehicle could be a lesser included offense of the crime of criminal possession of stolen property. Thereafter, the Court of…