Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on April 11, 2013
Gonzalez, P.J., Friedman, Abdus-Salaam, Roman, Clark, JJ.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered November 3, 2011, convicting defendant, after a jury trial, of grand larceny in the fourth degree (two counts) and jostling, and sentencing him, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.
The court properly declined to submit attempted grand larceny as a lesser included offense, since there was no reasonable view of the evidence, when viewed in the light most favorable to defendant (see generally People v James, 11 NY3d 886 ), to support the conclusion that defendant's conduct failed to satisfy the asportation requirement discussed in Harrison v People (50 NY 518 ). Even when viewed favorably to defendant, the surveillance videotape tends to confirm, rather than contradict, the victim's testimony that her wallet landed on the floor during the incident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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