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PEOPLE v. ROTH

197 A.D.2d 916 (1993)

604 N.Y.S.2d 862

The People of the State of New York, Respondent, v. Jeffrey R. Roth, Appellant

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

October 1, 1993

Judgment unanimously affirmed.

Memorandum:

The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), is sufficient to support defendant's conviction of burglary in the first degree and assault in the second degree. The trial court properly refused defendant's request to charge criminal trespass in the second degree as a lesser included offense of burglary in the first...

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