What is the test for submitting or considering a crime as a lesser included offense of a crime for which a defendant has been indicted?

Accordingly, for a crime to be submitted or considered as a lesser included offense of a crime for which a defendant has been indicted, it must be theoretically impossible to commit the greater crime without at the same time, by the same conduct, committing the lesser, and the evidence must be sufficient to support a finding that the defendant committed the lesser but not the greater crime. (People v. Glover, supra.) If there is any error in the submission or consideration of lesser included offenses--including specifically the failure of the crime to meet the "theoretical impossibility" test of Glover --CPL 300.50 (subd. 1) provides that it is waived by the defendant unless timely objection is made. ^*