People v. Blim

Appeal from a judgment of the County Court of Schuyler County (Barrett, J.), rendered August 23, 1982, upon a verdict convicting defendant of the crime of burglary in the third degree.

When this case was previously before this court, the majority concluded that reversal was mandated by reason of County Court’s failure to charge trespass in the third degree as a lesser included offense of burglary in the third degree (98 AD2d 944). Because of this conclusion, we found it unnecessary to reach the other issues presented except to note, as to one, that in the absence of any actual prejudice or a…