Opinion
April 18, 2000.
Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered January 17, 1997, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Heather Kenney, for respondent.
Steven Berko Pro Se, for defendant-appellant.
WILLIAMS, J.P., ELLERIN, LERNER, ANDRIAS, FRIEDMAN, JJ.
There was no reasonable view of the evidence that defendant's entry into complainant's home effectuated by cutting a screen was for a non-criminal purpose. The court properly declined to charge criminal trespass in the second degree as a lesser included offense (see, People v. Scoggins, 167 A.D.2d 321, lv denied 77 N.Y.2d 882).
The challenged portions of the prosecutor's summation constituted fair comment on the evidence and the jury's right to infer defendant's intent from the circumstances, rather than improperly alluding to defendant's failure to testify.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.