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People v. Oswald

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 532 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

Appeal from the Supreme Court, Queens County (Rios, J.).


Ordered that the judgments are affirmed.

The trial court's denial of the defendant's request to charge criminal trespass in the second degree as a lesser-included offense of burglary in the second degree was proper since there was no reasonable view of the evidence that the defendant committed the lesser offenses but not the greater ( see, People v. Glover, 57 N.Y.2d 61, 64). The defendant's contention that he had a license or privilege to enter one of the burglarized premises did not justify submitting the lesser-included offense to the jury with respect to that charge ( see, People v. Figueroa, 154 A.D.2d 389, 390; People v. Harrell, 133 A.D.2d 706, 707).

The defendant's remaining contentions are unpreserved for appellate review or without merit.

Ritter, J. P., Sullivan, Goldstein and Lerner, JJ., concur.


Summaries of

People v. Oswald

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 532 (N.Y. App. Div. 1997)
Case details for

People v. Oswald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JOHN OSWALD, Also Known…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 22, 1997

Citations

245 A.D.2d 532 (N.Y. App. Div. 1997)
666 N.Y.S.2d 44

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