Opinion
October 19, 1993
Appeal from the Supreme Court, Bronx County (George Covington, J.).
Overwhelming evidence at trial was that defendant unlawfully entered the building in question and intentionally attempted to gain entry into an apartment therein by kicking in an interior wall. Thus, the trial court properly denied defendant's request for a jury charge on trespass as a lesser included offense of the burglary charge, as there was no reasonable view of the evidence that defendant had committed the lesser but not the greater offense (People v. Glover, 57 N.Y.2d 61, 63).
As defendant's direct testimony specifically brought into issue the credibility of the building superintendent, the prosecutor properly cross-examined defendant regarding that issue (People v Rivera, 159 A.D.2d 229, 230-231, lv denied 75 N.Y.2d 969). Additionally, there is no support in the record for defendant's claim that the prosecutor improperly waved defendant's criminal record sheet in front of the jury or somehow suggested that defendant had prior convictions other than those allowed by the trial court's Sandoval ruling (see, People v. Jimenez, 144 A.D.2d 697, lv denied 73 N.Y.2d 978).
We have considered defendant's additional arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Ross and Asch, JJ.