Opinion
February 7, 1977
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 2, 1976, convicting him of robbery in the second degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. On the facts in this case, grand larceny in the second degree is not a lesser included offense of robbery in the second degree (see People v Acevedo, 40 N.Y.2d 701). Latham, Acting P.J., Margett, Suozzi and Mollen, JJ., concur.