People v. Glover

Hopkins, J.P., and Gibbons, J.,

dissent and vote to reverse the judgment and order a new trial, with the following memorandum: In our view, the trial court committed reversible error by refusing to charge criminal facilitation as a lesser included offense of the sale count (see Penal Law, § 115.05). Criminal facilitation in the second degree is a lesser included offense of criminal sale (People v Velez, 77 AD2d 928; People v Sexton, 50 AD2d 842; People v Valentin, 73 AD2d 558). A refusal to charge can only be sustained where there is no reasonable view of the evidence which would support a…