PEOPLE v. FLORES


113 A.D.2d 899 (1985)

The People of the State of New York, Respondent, v. John Flores, Appellant

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

September 23, 1985


Judgment affirmed.

The defendant argues that the trial court erred in refusing his request to charge criminal trespass as a lesser included offense of burglary in the second degree. To establish entitlement to a lesser included offense charge, the defendant must show both that the offense he desires to have charged is a "lesser included offense", and that there is a reasonable view of the evidence in the particular case which would support a finding that he committed...

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