Opinion
October 4, 1991
Appeal from the Oneida County Court, Buckley, J.
Present — Callahan, A.P.J., Denman, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The trial court properly refused to charge criminal trespass in the second degree as a lesser included offense of burglary in the third degree. Defendant's conduct of forcibly entering the pharmacy during early morning hours was captured on videotape, and there was no reasonable view of the evidence that would support a finding that defendant committed criminal trespass but not burglary (see, People v. Glover, 57 N.Y.2d 61, 63; People v. Woolard, 124 A.D.2d 763, 764, lv denied 69 N.Y.2d 751).
There is no merit to defendant's assertion that he was denied the effective assistance of counsel because his trial attorney failed to raise the defense of drug intoxication. Although defendant testified at a suppression hearing that he had used cocaine during the two days prior to the burglary, there is no evidence that he was intoxicated at the time of the burglary. Counsel's representation, viewed in its entirety, was meaningful (see, People v. Satterfield, 66 N.Y.2d 796).