People v. Santos

*428The court properly declined to submit criminal trespass in the second degree as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge (see e.g. People v Zokari, 68 AD3d 578 [2009], lv denied 15 NY3d 758 [2010]; People v Jones, 33 AD3d 461 [1st Dept 2006], lv denied 7 NY3d 926 [2006]; People v Mongen, 157 AD2d 82 [1990], appeal dismissed 76 NY2d 1015 [1990]). The jury would have had no basis for finding that defendant entered unlawfully, but without the intent to unlawfully restrain the victim or otherwise…