Majority
p. 204The People of the State of New York, Respondent, v Nelson Figueroa, Appellant. [703 NYS2d 714]
—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered February 11, 1998, convicting defendant, after a jury trial, of burglary in the third degree and possession of burglars’
p. 205
tools, and sentencing him, as a second felony offender, to concurrent terms of SVs to 7 years and 1 year, respectively, unanimously affirmed.
The court properly declined to charge criminal trespass in the third degree as a lesser included offense of burglary. We find no reasonable view of the evidence that would permit the jury to find that defendant committed criminal trespass but not burglary (see, People v Scarborough, 49 NY2d 364 ). The Sandoval ruling was an appropriate exercise of discretion (see, People v Pavao, 59 NY2d 282 , 292). Concur — Sullivan, J. P., Mazzarelli, Ellerin, Lerner and Friedman, JJ.
Cases cited
- People v. Scarborough 49 NY2d 364 p. 205
- People v. Pavao 59 NY2d 282 at 292 p. 205