People v. Rickett
| Decision Date | 04 April 2000 |
| Citation | 708 N.Y.S.2d 349,729 N.E.2d 1148,94 N.Y.2d 929 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY RICKETT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Verna W. Cobb, Tuxedo, for appellant.
Francis D. Phillips, II, District Attorney of Orange County, Goshen (David R. Huey of counsel), for respondent.
Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.
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.
Order affirmed in a memorandum.
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