7 N.Y.3d 886 (2006)
A court is not required to submit a charge to the jury on a lesser included offense unless there is a reasonable view of the evidence to support a conviction for the lesser offense but not the greater offense.
Summary
Wallace was convicted of robbery in the first and second degrees. He appealed, arguing the trial court erred by not submitting a charge to the jury on the lesser included offense of robbery in the third degree. The New York Court of Appeals affirmed the conviction, holding that there was no reasonable view of the evidence to support a conviction for robbery in the third degree. The victim’s testimony indicated the defendant had a gun, and no other evidence reasonably contradicted this testimony. The court emphasized that even though a witness claimed not to see a gun, he overheard a statement indicating the defendant possessed one. Thus, the court properly declined to charge the jury on the lesser included offense.
Facts
The victim was approached by Wallace and three companions as he left school. Two companions acted as lookouts while Wallace and another individual surrounded the victim. Wallace pressed his hip into the victim’s waist, revealing what appeared to be a gun. The victim testified he saw the barrel and handle of a black gun. Wallace and his accomplice then took the victim’s money and iPod.
Procedural History
Wallace was tried jointly with his accomplices. He requested the trial court to charge the jury on robbery in the third degree as a lesser included offense of robbery in the first degree. The trial court denied the request. Wallace was convicted of robbery in the first and second degrees. The Appellate Division affirmed the conviction. The New York Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether the trial court erred in declining to submit a charge to the jury on the lesser included offense of robbery in the third degree.
Holding
No, because there was no reasonable view of the evidence to support a conviction of robbery in the third degree and not robbery in the first degree.
Court’s Reasoning
To establish entitlement to a charge on a lesser included offense, a defendant must show that the greater crime cannot be committed without also committing the lesser crime, and that a reasonable view of the evidence would support a finding that the defendant committed the lesser offense but not the greater offense. The court stated, “Although robbery in the third degree is a lesser included crime of robbery in the first degree, here there is no reasonable view of the evidence to support a jury finding that defendant committed robbery in the third degree and not robbery in the first degree.” The victim testified that the defendant had a gun. While a witness claimed not to have seen the gun, he overheard another accomplice tell the victim that the defendant had a gun. The court concluded that based on the evidence presented, no reasonable jury could find the defendant committed robbery in the third degree but not robbery in the first degree, and therefore, the trial court did not err in declining to submit the charge to the jury. The decision emphasizes the importance of the trial court’s assessment of the evidence in determining whether a lesser included offense instruction is warranted.