In People v. Hughes (220 A.D.2d 529, 532, 632 N.Y.S.2d 585 [2d Dept 1995]), the Appellate Division relied on Di Pasquale for the proposition that "an uncharged misdemeanor which could not have been timely raised in the accusatory instrument may not be charged as a lesser included offense." While Hughes is distinguishable from this case, on the ground that in Hughes "the time-barred misdemeanor charge was not a valid lesser inclusory count" (id. at 532), it strongly suggested that Di Pasquale was not a dead letter. There was also non-New York authority approving of and following Di Pasquale (Padie v. State, 557 P.2d 1138, 1140 [Alaska 1976]; State v. King, 140 W. Va. 362, 368, 84 S.E.2d 313, 316 [1954]; Drott v. People, 71 Colo. 383, 384, 206 P. 797, 798 [1922]; Askins v. United States, 251 F.2d 909, 911, 102 U.S. App. D.C. 198 [DC Cir 1958]).