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People v. Arthur

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 592 (N.Y. App. Div. 2005)

Opinion

2004-00595.

March 21, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered January 12, 2004, convicting him of attempted burglary in the second degree and possession of burglar's tools, upon a jury verdict, and imposing sentence.

Before: Adams, J.P., Krausman, Rivera and Lifson, JJ., concur.


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request to charge the lesser-included offense of attempted criminal trespass in the second degree. Viewed in the light most favorable to the defendant ( see People v. Martin, 59 NY2d 704, 705), there was no reasonable view of the evidence which would support a finding that the defendant committed attempted criminal trespass in the second degree but did not commit attempted burglary in the second degree ( see CPL 300.50; People v. Glover, 57 NY2d 61; People v. Rickett, 259 AD2d 636, 637; People v. Oswald, 245 AD2d 532; People v. Vargas, 168 AD2d 586).


Summaries of

People v. Arthur

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 592 (N.Y. App. Div. 2005)
Case details for

People v. Arthur

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARRY ARTHUR, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 2005

Citations

16 A.D.3d 592 (N.Y. App. Div. 2005)
790 N.Y.S.2d 890

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