People v. Sparman

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that the trial court erred in refusing defendant’s request that attempted sexual misconduct (Penal Law §§ 110.00, 130.20 [2]) be charged as a lesser included offense of attempted sodomy in the first degree in violation of Penal Law §§ 110.00 and 130.50 (1). Because the elements of the two offenses are identical, there is no "reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater” (CPL 300.50 [1]; see, People v Blackwell,…