People v. Vasquez

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that County Court erred in refusing to charge criminal trespass in the second degree (Penal Law § 140.15) as a lesser included offense of burglary in the second degree (Penal Law § 140.25 [2]). There is no reasonable view of the evidence that defendant unlawfully entered the dwelling but did not intend to commit a crime therein (see, People v Peyton, 244 AD2d 976, lv denied 91 NY2d 896; People v Clarke, 233 AD2d 831, lv denied 89 NY2d 1010, 90 NY2d 856).

We reject the contention of defendant that his statements to the…