Citations in this table cell refer to offenses in this Article that are included within the selected offense under the "theoretical impossibility" branch of the two pronged test for lesser included offenses set forth in People v Glover, 56 NY2d 427, and codified at CPL 1.20(37).
Note: where an attempt to commit an offense exists, the attempt is by definition a lesser included offense of the selected offense. However, this version of GungaWeb does not attempt to analyze attempted offenses.
Citations in this table cell refer to offenses in this Article that have been affirmatively held by appellate case law to be offenses not meeting the "theoretical impossibility test" for legal lesser included offenses set forth in People v Glover, supra.
Thus, a tabulated result of "None" does not indicate that no offenses exist which are not lesser included offenses of the selected offense, but rather only that no appellate case has been found establishing a particular offense to be a non-lesser included offense of the selected offense.
Citations in this cell refer to offenses in this Article that include the selected offense as legal lesser included offenses under the "theoretical impossibility" test set forth in People v Glover, supra, and codified in Cpl 1.20(37).