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PEOPLE v. PITTMAN

197 A.D.2d 437 (1993)

602 N.Y.S.2d 834

The People of the State of New York, Respondent, v. Kecia Pittman, Appellant

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

October 19, 1993

Overwhelming evidence at trial was that defendant unlawfully entered the building in question and intentionally attempted to gain entry into an apartment therein by kicking in an interior wall. Thus, the trial court properly denied defendant's request for a jury charge on trespass as a lesser included offense of the burglary charge, as there was no reasonable view of the evidence that defendant had committed the lesser but not the...

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