People v. Gutter

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered June 12, 1991, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the trial court properly refused to submit to the jury the lesser-included offense of criminal trespass in the second degree, because there was no reasonable view of the evidence which would support a determination that the defendant committed the lesser but not the greater offense (see, CPL 300.50 [1]; People v…