Opinion
December 19, 1989
Appeal from the Supreme Court, New York County (Richard T. Andrias, J.).
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.