Opinion
April 6, 1995
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
The trial court properly declined to charge menacing as a lesser included offense of robbery in the first degree, since defendant could commit a robbery "without concomitantly, by the same conduct, committing" menacing (People v Glover, 57 N.Y.2d 61, 63). Nor was there any reasonable view of the evidence to warrant a lesser included petit larceny charge without the jury " `resort[ing] to sheer speculation' or employing `selective dissection of the integrated testimony of [the complaining] witness'" (People v Monroe, 212 A.D.2d 374). Defendant's claim of improper judicial interference is unpreserved for review as a matter of law (People v Howard, 192 A.D.2d 303, lv denied 81 N.Y.2d 1074), and we decline to review it in the interest of justice. Were we to do so we would find the claim to be without merit. We have considered defendant's remaining contentions and likewise find them to be without merit.
Concur — Sullivan, J.P., Wallach, Nardelli, Williams and Mazzarelli, JJ.