It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court properly denied defendant's request to charge criminal trespass in the third degree (Penal Law § 140.10 [a]) as a lesser included offense of burglary in the third degree (§ 140.20) where, as here, there is no reasonable view of the evidence that defendant committed the lesser offense but not the greater (see People v...
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