Is it a lesser included offense?
Defendant was indicted for burglary in the first degree as an armed felony and criminal use of a firearm in the first degree as an armed felony (Penal Law, § 265.09). At the conclusion of the trial testimony, the prosecutor asked that the court consider the lesser included crimes of
(a) burglary in the third degree and criminal trespass in the second degree (Penal Law, § 140...
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