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PEOPLE v. BROWN

300 A.D.2d 164 (2002)

751 N.Y.S.2d 735

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH BROWN, Appellant.

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

Decided December 19, 2002.

The court properly declined to submit criminal trespass in the second degree as a lesser included offense of burglary in the first degree. There was no reasonable view of the evidence, viewed most favorably to defendant, that he was guilty of trespass but not burglary (see People v Scarborough, 49 N.Y.2d 364, 368). Even assuming, arguendo, that it would have been reasonable for the jury to disregard the testimony of the eyewitnesses...

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