People v. Summer

Appeal by defendant from a judgment of the County Court, Nassau County, rendered May 7, 1977, convicting him of criminal mischief in the fourth degree and criminal trespass in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Defendant was charged with the crimes of attempted burglary in the third degree and criminal mischief in the fourth degree. As a lesser included crime of attempted burglary, defense counsel requested that the trial court charge trespass, noting that there were two possibilities as to the degree of such…