PEOPLE v. JIMENEZ

4374, 5159/07.

82 A.D.3d 401 (2011)

918 N.Y.S.2d 31

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON JIMENEZ, Appellant.

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

Decided March 1, 2011.


The court properly declined to submit second-degree trespass to the jury as a lesser included offense. A surveillance videotape makes clear that there was no reasonable view of the evidence, viewed most favorably to defendant, that he entered the victim's apartment without criminal intent and formed an intent to steal only once he was inside (see People v Zokari, 68 A.D.3d 578 [2009], lv denied 15...

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