PEOPLE v. ATKINSON


154 A.D.2d 383 (1989)

The People of the State of New York, Respondent, v. Ronald Atkinson, Appellant

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

October 2, 1989


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err in refusing to charge criminal trespass as a lesser included offense of burglary in the second degree because there was no reasonable view of the evidence upon which the jury could have found him guilty of criminal trespass but not burglary. The undisputed evidence indicates that the police arrived at the subject premises in response to a radio transmission of a burglary...

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