PEOPLE C. v. RICKETT, 94 N.Y.2d 929 (2000)

708 N.Y.S.2d 349, 729 N.E.2d 1148

The People c., Respondent, v. Anthony Rickett, Appellant.

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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