Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The trial court erred in denying the defendant's request to charge criminal trespass in the second degree as a lesser included offense of burglary in the second degree. It was impossible for a burglary to have been committed without the commission of a trespass, and a reasonable view of the evidence could support a verdict that the defendant committed the lesser offense but did not commit...
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