People v. Coppola

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered June 18, 1987, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We reject the defendant’s claim of error regarding the trial court’s refusal to charge criminal trespass in the second degree as a lesser included offense of burglary in the second degree. While it is not disputed that criminal trespass is a lesser included offense as statutorily defined (CPL 1.20 [37]), we are of the opinion that there was no…