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PEOPLE v. BLIM

105 A.D.2d 1012 (1984)

The People of the State of New York, Respondent, v. Andrew D. Blim, Appellant

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

November 29, 1984

When this case was previously before this court, the majority concluded that reversal was mandated by reason of County Court's failure to charge trespass in the third degree as a lesser included offense of burglary in the third degree (98 A.D.2d 944). Because of this conclusion, we found it unnecessary to reach the other issues presented except to note, as to one, that in the absence of any actual prejudice or a substantial risk thereof...

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