People v. Mongen

I would reverse and remit this matter for a new trial based on the trial court’s refusal to charge trespass as a lesser included offense of burglary in the third degree, as requested by defense counsel.

The record reveals that a housekeeper at New York Hospital saw Raymond Wolfe, who the prosecution alleged was an accomplice of defendant, leaving a medication room on the seventh floor of the hospital with a paper bag. Although Wolfe was wearing a white lab coat, he also had on dungarees and sneakers in violation of the dress code established for hospital employees. When Wolfe ran down the…