People v. Santiago

Judgment, Supreme Court, Bronx County (Robert Sackett, J.), rendered May 5, 2014, convicting defendant, after a jury trial, of burglary in the third degree, possession of burglar’s tools and resisting arrest, and sentencing him, as a second felony offender, to an aggregate term of 21h to 5 years, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50 (5).

The court properly declined to charge third-degree criminal trespass as a lesser included offense of third-degree burglary. Given the interpretation of Penal Law § 140.10 (a) set forth in…