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PEOPLE v. WARFIELD

6 A.D.3d 218 (2004)

774 N.Y.S.2d 324

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMEL WARFIELD, Appellant.

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

April 8, 2004.

The court properly declined to submit criminal trespass in the second degree as a lesser included offense of burglary in the second degree, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he entered the premises without intent to commit a crime therein. Defendant's course of sexually aggressive conduct, both before and after entering the apartment in question, had no rational explanation...

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