People v. Atkinson

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Farlo, J.), rendered January 28, 1988, convicting him of burglary in the second degree, criminal mischief in the fourth degree, resisting arrest, possession of burglar’s tools, and attempted petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the court did not err in refusing to charge criminal trespass as a lesser included offense of burglary in the second degree because there was no reasonable view of the evidence upon which the…