Legal Opinion

People v. Agrelo-Travieso

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1999Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered July 30, 1996, convicting defendant, after a jury trial, of burglary in the third degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years and 1 year, respectively, unanimously affirmed.

The court, properly refused to charge criminal trespass as a lesser included offense of burglary in the third degree, since *515there was no reasonable view of the evidence that defendant entered the restaurant for a noncriminal purpose (see, People v Ray, 254 AD2d 189).…

2Cases cited3 opinions

  1. People v. GainesNew York Court of Appeals · 1989
  2. People v. CannonAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. RayAppellate Division of the Supreme Court of the State of New York · 1998

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