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PEOPLE v. HENDERSON

41 N.Y.2d 233 (1976)

The People of the State of New York, Appellant, v. Gary J. Henderson, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Patrick D. Monserrate, District Attorney (Patrick H. Mathews of counsel), Binghamton, for appellant.

Louis J. Casella, Public Defender (Alan S. Phillips of counsel), Binghamton, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur with Judge FUCHSBERG; Judge JASEN dissents and votes to reverse in a separate opinion.

FUCHSBERG, J.

Gary Henderson was tried and convicted by a jury on a single-count indictment charging him with the felony of attempted burglary in the third degree (Penal Law, §§ 110.00, 140.20). The sole issue on this appeal is whether the trial court committed error when it refused a defense request to charge the jury that it might consider the misdemeanor of criminal trespass in the third degree ...

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