Majority
p. 592The People of the State of New York, Respondent, v Garry Arthur, Appellant. [790 NYS2d 890]
— Appeal by the defen
p. 593
dant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered January 12, 2004, convicting him of attempted burglary in the second degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court properly denied the defendant’s request to charge the lesser-included offense of attempted criminal trespass in the second degree. Viewed in the light most favorable to the defendant (see People v Martin, 59 NY2d 704 , 705 [1983]), there was no reasonable view of the evidence which would support a finding that the defendant committed attempted criminal trespass in the second degree but did not commit attempted burglary in the second degree (see CPL 300.50; People v Glover, 57 NY2d 61 [1982]; People v Rickett, 259 AD2d 636 , 637 [1999]; People v Oswald, 245 AD2d 532 [1997]; People v Vargas, 168 AD2d 586 [1990]). Adams, J.P., Krausman, Rivera and Lifson, JJ., concur.
Cases cited
- People v. Glover 57 NY2d 61 p. 593
- People v. Oswald 245 AD2d 532 p. 593
- People v. Vargas 168 AD2d 586 p. 593