708 N.Y.S.2d 349, 729 N.E.2d 1148
Court of Appeals of the State of New York.Argued February 24, 2000
Decided April 4, 2000.
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Verna W. Cobb, for appellant.
Francis D. Phillips, II, District Attorney of Orange County, Goshen (David R. Huey of counsel), for respondent.
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 N.Y.2d 364, 368). Defendant’s remaining arguments are unpreserved.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
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