People v. Zokari

The court properly declined to submit criminal trespass in the third degree as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, that he entered a store without criminal intent and only subsequently formed an intent to steal (see People v Warfield, 6 AD3d 218 [2004], lv denied 3 NY3d 650 [2004]; People v Mauricio, 215 AD2d 326 [1995], lv denied 86 NY2d 738 [1995]). Although there may be a dispute about how soon after entering a Duane Reade defendant began to steal 103 packets of gum, the security guard’s testimony that defendant…