PEOPLE v. SHIPPEE


64 A.D.2d 794 (1978)

The People of the State of New York, Respondent, v. Herbert Shippee, Appellant

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

July 27, 1978


The testimony of accomplices Bartlett, Berg and Eggleston as to the defendant's participation in the crime and the testimony of the nonaccomplice Hook as to the admission made by the defendant overwhelmingly establish the defendant's guilt. The testimony of Berg did not, as the defendant contends, constitute a rational basis for the submission to the jury of the lesser included offense of criminal trespass in the second degree (Penal Law, § 140.15). Berg testified that...

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