People v. Thomas

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J., at trial; Curci, J., at sentence), rendered March 9, 1995, convicting him of burglary in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant (see, People v Martin, 59 NY2d 704), the court properly denied the defendant’s request to charge burglary in the third degree as a lesser-included offense of burglary in the second degree.…