People v. Glover, 57 N.Y.2d 61 (1982)
A crime is a ‘lesser included offense’ only if it is impossible to commit the greater offense without also committing the lesser offense; furthermore, failure to raise a specific legal argument at trial, such as a Fourth Amendment violation, forfeits the right to raise it on appeal.
Summary
The New York Court of Appeals affirmed the Appellate Division’s order, holding that the defendant’s statements and eyewitness identification were properly admitted. The Court also found that the trial court did not err in refusing to submit a charge of assault in the third degree to the jury. The Court reasoned that assault in the third degree is not a lesser included offense of robbery in the second degree or felony assault because one can commit the latter offenses without necessarily committing the former. Additionally, the Court emphasized that the defendant’s failure to object to the admission of evidence based on Fourth Amendment grounds at the suppression hearing precluded appellate review of that issue.
Facts
The defendant was charged with robbery in the second degree and felony assault. Prior to trial, the defendant sought to suppress statements he made to the police and an eyewitness identification, arguing a violation of his right to counsel and the unreliability of the identification. The defendant did not argue that his detention or the evidence obtained violated his Fourth Amendment rights. At trial, the defendant requested that the court instruct the jury on assault in the third degree as a lesser included offense.
Procedural History
The trial court rejected the defendant’s suppression arguments and refused to submit the charge of assault in the third degree to the jury. The Appellate Division affirmed. The case then went to the New York Court of Appeals.
Issue(s)
1. Whether the defendant’s failure to object to the admission of evidence on Fourth Amendment grounds at the suppression hearing precluded appellate review of that issue.
2. Whether assault in the third degree is a lesser included offense of robbery in the second degree or felony assault, such that the trial court was required to submit that charge to the jury.
Holding
1. Yes, because the defendant failed to object to the admission of the evidence on the ground that it was obtained in violation of his rights under the Fourth Amendment, the issue is beyond the Court’s power to review.
2. No, because it is possible to commit robbery in the second degree and felony assault without concomitantly committing assault in the third degree.
Court’s Reasoning
Regarding the Fourth Amendment claim, the Court relied on the principle that issues not raised at the trial level are generally not preserved for appellate review. Citing People v. Martin, 50 N.Y.2d 1029, the Court emphasized the importance of timely objections to allow the trial court to address the alleged error.
On the lesser included offense issue, the Court applied CPL 300.50 subds 1, 2, which requires the defendant to show both that the offense is a lesser included offense and that a reasonable view of the evidence would support a finding that the defendant committed the lesser offense but not the greater. The Court focused on the first prong, relying on CPL 1.20 (subd 37), which defines a lesser included offense as one where “it is impossible to commit a particular crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree.”
The Court reasoned that robbery in the second degree (Penal Law, § 160.10, subds 1, 2, par [a]) and felony assault (Penal Law, § 120.05, subd 6) can be committed without the specific intent or recklessness required for assault in the third degree (Penal Law, § 120.00). Specifically, robbery only requires forcible stealing, and felony assault requires causing physical injury during the commission of a felony, but neither inherently requires the specific intent or recklessness that defines assault in the third degree. Thus, the statutory elements of the greater offenses do not necessarily include the elements of the purported lesser offense.
The Court acknowledged its prior holdings in People v. Lett, 39 N.Y.2d 966 and People v. Warren, 43 N.Y.2d 852, where assault in the third degree was considered a lesser included offense of robbery in the second degree. However, the Court explicitly stated that those cases were wrongly decided because they did not adequately consider whether it was impossible to commit the robbery without also committing the assault.