People v. Rickett, 94 N.Y.2d 929

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court did not err as a matter of law in denying defendant’s request to charge criminal trespass in the second degree as a lesser-included offense of burglary in the second degree (see, Penal Law §§ 140.15, 140.25). Although criminal trespass in the second degree is a lesser-included offense of burglary in the second degree, there is no reasonable view of the evidence to support a finding that defendant committed the lesser offense but not the greater (see, People v Scarborough, 49 NY2d 364, 368). Defendant’s remaining arguments are unpreserved.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

Case Details

Case Name: People v. Rickett

Court Name: New York Court of Appeals

Date Published: Apr 4, 2000

Citations: 94 N.Y.2d 929; 729 N.E.2d 1148; 708 N.Y.S.2d 349; 2000 N.Y. LEXIS 509

Court Abbreviation: N.Y.