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THE PEOPLE, ETC., respondent, v. ROBERT MARRERO, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly denied the defendant's request to charge the jury concerning the lesser-included offense of criminal possession of stolen property in the fifth degree. The People established that the vehicle taken by the defendant, even if in very poor condition, still was valued at well over the statutory threshold of $100 ( see Penal Law § 165.45; People v. Orth, 201 A.D.2d 510, 511; People v. Lopez, 221 A.D.2d 243, 244). Since there was no reasonable view of the evidence by which the jury could find that the defendant committed the lesser offense but not the greater, the Supreme Court correctly refused to charge the lesser offense of criminal possession of stolen property in the fifth degree ( see People v. Glover, 57 N.Y.2d 61, 63; People v. Orth, supra).

SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.

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PEOPLE v. MARRERO
(Jun 1, 2004)