People v. Martin

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Shortly after midnight on December 18, 1979, police arrested defendant as he fled from an auto supply store. He was charged with burglary in the third degree. At trial, the court denied defense counsel’s request that the jury be charged on the lesser included offense of criminal trespass in the third degree. The jury found defendant guilty of burglary. The Appellate Division reversed and ordered a new trial. Although the Appellate Division order stated that the reversal was based on the law and the facts,…