PEOPLE v. DAILEY


50 A.D.2d 1056 (1975)

The People of the State of New York, Respondent, v. Raymond Dailey, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 5, 1975


Judgment unanimously reversed, on the law and facts, and indictments dismissed.

Memorandum:

Defendants were convicted on a jury verdict of guilty of attempted burglary in the third degree. They contend that the court erred in its charge with respect to attempted criminal trespass in the third degree as a lesser included crime. The court correctly charged that intent to commit a crime after entering was an element of the crime of attempted burglary third, but...

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