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).