People v. Reyes

OPINION OF THE COURT

Richard Lee Price, J.

The question presented in this case is whether a seemingly unintended omission by the State Legislature exempts a defendant from the imposition of an enhanced sentence as a second crime offender, irrespective of his prior criminal record.

The defendant was indicted for burglary in the first and second degrees and assault in the second degree (Penal Law § 140.30 [2]; § 140.25 [2]; § 120.05 [6]). At his jury trial the defendant requested that a charge on the lesser included offense of criminal trespass in the second degree (Penal Law § 140.15) be…