Opinion
October 28, 1997
Appeal from Supreme Court, New York County (Nicholas Figueroa, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see, People v. Castillo, 47 N.Y.2d 270, 277-278). Furthermore, the court properly denied defendant's request to charge attempted criminal trespass in the second degree as a lesser included offense of attempted burglary in the second degree ( People v. Scoggins, 167 A.D.2d 321, 322, lv denied 77 N.Y.2d 882). There was no reasonable view of the evidence that defendant did not possess the intent to commit a crime in the building.
Concur — Murphy, P.J., Nardelli, Williams and Colabella, JJ.