PEOPLE v. BETHEA

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court erred in denying the defendant's request to charge attempted petit larceny as a lesser-included offense of robbery in the second degree. There was a reasonable view of the evidence that would have supported a finding that the defendant committed the lesser offense but did not commit the greater ( see CPL 300.50; People v. Glover, 57 NY2d 61; People v. Bailey, 18 AD3d 666, lv denied 5 NY3d 759; People v. Brown, 269 AD2d 539).

In light of our determination, the defendant's remaining contention need not be reached.