PEOPLE v. KESSLER


176 A.D.2d 1202 (1991)

The People of the State of New York, Respondent, v. Michael Kessler, Appellant

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

October 4, 1991


Judgment unanimously affirmed.

Memorandum:

The trial court properly refused to charge criminal trespass in the second degree as a lesser included offense of burglary in the third degree. Defendant's conduct of forcibly entering the pharmacy during early morning hours was captured on videotape, and there was no reasonable view of the evidence that would support a finding that defendant committed criminal trespass but not burglary (see, People v Glover...

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