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People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1998
246 A.D.2d 610 (N.Y. App. Div. 1998)

Opinion

January 20, 1998

Appeal from the Supreme Court, Suffolk County (Harris, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court's Sandoval ruling constituted a provident exercise of discretion ( see, People v. Sandoval, 34 N.Y.2d 371). Further, the court properly denied the defendant's request to charge the jury on driving without a license ( see, Vehicle and Traffic Law § 509) as a lesser-included offense of the charge of aggravated unlicensed operation of a motor vehicle in the first degree ( see, Vehicle and Traffic Law § 511). On the facts of this case, no reasonable view of the evidence would have permitted the jury to conclude that the defendant committed the lesser offense but did not commit the greater ( see, People v. Glover, 57 N.Y.2d 61; cf., People v. Gribben, 164 A.D.2d 944).

The defendant's remaining contentions lack merit.

Joy, J.P., Krausman, Florio and McGinity, JJ., concur.


Summaries of

People v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1998
246 A.D.2d 610 (N.Y. App. Div. 1998)
Case details for

People v. Taylor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD TAYLOR…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 20, 1998

Citations

246 A.D.2d 610 (N.Y. App. Div. 1998)
667 N.Y.S.2d 299

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