Legal Opinion

People v. Arthur

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 2005PublishedCited by 1 opinion

1Opinion of the Court

— Appeal by the defen*593dant 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.

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 [1983]), there was no reasonable view of the evidence which would…

2Cases cited5 opinions

  1. People v. GloverNew York Court of Appeals · 1982
  2. People v. MartinNew York Court of Appeals · 1983
  3. People v. OswaldAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. RickettAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. VargasAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by1 opinion

  1. People v. WellsAppellate Division of the Supreme Court of the State of New York · 2009

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