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PEOPLE v. CLAUDIO

Ind. No. 5116/14. Appeal No. 15691. Case No. 2018-293.

204 A.D.3d 475 (2022)

164 N.Y.S.3d 437

2022 NY Slip Op 02368

The People of the State of New York, Respondent, v. Juan Claudio, Appellant.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Katheryne M. Martone of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Karl Z. Deuble of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.

The court properly declined to submit criminal trespass as a lesser included offense, because there was no reasonable view of the evidence, viewed most favorably to defendant, that he unlawfully entered the building at issue without intent to commit a crime (see e.g. People v Amaya, 103 A.D.3d 568 [1st Dept 2013], lv denied 21 N.Y.3d 941

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