People v. Martin

Kane and Weiss, JJ.,

dissent and vote to affirm in the following memorandum by Kane, J. Kane, J. (dissenting). We are unable to agree that there is any reasonable view of the evidence which would support a finding that defendant committed the crime of criminal trespass in the third degree but did not commit the crime of burglary. Although defendant was apprehended after fleeing from the building, he was observed by an arresting officer diving out of a window from the store where the burglar alarm had been activated. He left a trail directly to the store’s office where only the secretary’s desk…