People v. Allen

— Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of burglary in the third degree, petit larceny and criminal mischief in the fourth degree. He was sentenced as a predicate felon to concurrent terms, the longest of which is 314 to 7 years. He contends that the court erred in refusing to charge that his accomplice’s plea of guilty was not evidence against him; that he was deprived of a fair trial by the prosecutor’s statements on summation; that the court erred in refusing to charge criminal trespass as a lesser included offense of burglary; and that his…