Opinion
April 22, 1985
Appeal from the Supreme Court, Queens County (Balbach, J.).
Judgment affirmed.
Even if it was error for the court not to have charged the jury on criminal trespass in the third degree as a lesser included offense of burglary in the second degree or burglary in the third degree, as requested by counsel, the error was harmless under the circumstances, since the jury was instructed as to criminal trespass in the second degree and rejected that lesser included offense ( see, People v. Richette, 33 N.Y.2d 42).
We have reviewed defendant's remaining contentions and find them to be without merit. Lazer, J.P., O'Connor, Weinstein and Brown, JJ., concur.