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PEOPLE v. FIGUEROA

269 A.D.2d 204 (2000)

703 N.Y.S.2d 714

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON FIGUEROA, Appellant.

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

Decided February 10, 2000.

The court properly declined to charge criminal trespass in the third degree as a lesser included offense of burglary. We find no reasonable view of the evidence that would permit the jury to find that defendant committed criminal trespass but not burglary (see, People v Scarborough, 49 N.Y.2d 364). The Sandoval ruling was an appropriate exercise of discretion (see, People v Pavao, 59 N.Y.2d 282

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