PEOPLE v. MILLER

Contrary to defendant's contentions, the People clearly proved the market value of the stolen vehicle to exceed $3,000 by establishing the car's purchase price, condition and approximate mileage at the time of the crime (People v Supino, 64 A.D.2d 720). The court properly refused to charge criminal possession of stolen property in the fourth degree as a lesser included offense. Although it was impossible to commit the greater crime herein without concomitantly, by the same conduct, committing the lesser offense (People v Glover, 57 N.Y.2d 61, 63), there is no showing that a reasonable view of the evidence would support such a finding without forcing the jury to speculate (see, People v Scarborough, 49 N.Y.2d 364, 371).

Concur — Kupferman, J.P., Asch, Kassal, Wallach and Rubin, JJ.