People v. Lopez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered June 9, 1998, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The court properly submitted the charge of attempted burglary in the second degree as a lesser-included offense of burglary in the second degree, since there was a reasonable view of the evidence to support a finding that the defendant attempted unlawful entry into the building with the intent to commit a crime therein (see, People v Briggs,…
2Cases cited1 opinion
- People v. BriggsAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by2 opinions
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2002
- People v. StonescoAppellate Division of the Supreme Court of the State of New York · 2018