People v. Gilmore

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered February 26, 1996, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The trial court erred in denying the defendant’s request to charge criminal trespass in the second degree as a lesser included offense of burglary in the second degree. It was impossible for a burglary to have been committed without the commission of a trespass, and a reasonable view of the evidence could…