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PEOPLE v. SANTIAGO

1936, 3665/11, 1935.

143 A.D.3d 545 (2016)

2016 NY Slip Op 06781

39 N.Y.S.3d 435

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER SANTIAGO, Appellant.

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

Decided October 18, 2016.

The court properly declined to charge third-degree criminal trespass as a lesser included offense of third-degree burglary. Given the interpretation of Penal Law § 140.10 (a) set forth in People v Moore (5 N.Y.3d 725, 727 [2005]), a violation of that section cannot qualify as a lesser included offense of third-degree burglary under the impossibility test of People v Glover (57 N.Y.2d 61

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