People v. Kenny
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the People’s contention, the defendant’s contention that the Supreme Court erred in refusing to charge burglary in the third degree as a lesser-included offense of burglary in the second degree is preserved for appellate review (see CPL 470.05 [2]). We agree with the People, however, that the defendant’s contention is without merit. Viewing the evidence in the *751light most favorable to the defendant (see People v Johnson, 45 NY2d 546, 549 [1978]; People v Henderson, 41 NY2d 233, 236 [1976]), there is no reasonable view of the evidence that supports the conclusion that the defendant…
2Cases cited6 opinions
- People v. NegronNew York Court of Appeals · 1998
- People v. JohnsonNew York Court of Appeals · 1978
- People v. HollowayAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. CamaraAppellate Division of the Supreme Court of the State of New York · 2007
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