Legal Opinion
People v. Flores
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 1985PublishedCited by 12 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Deeley, J.), rendered May 2, 1983, convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The defendant argues that the trial court erred in refusing his request to charge criminal trespass as a lesser included offense of burglary in the second degree. To establish entitlement to a lesser included offense charge, the defendant must show both that the offense he desires to have charged is a "lesser included offense”, and that there is a reasonable…
2Cases cited4 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. ScarboroughNew York Court of Appeals · 1980
- People v. DiscalaNew York Court of Appeals · 1978
- People v. KingAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by12 opinions
- People v. WoolardAppellate Division of the Supreme Court of the State of New York · 1986
- People v. MelvinAppellate Division of the Supreme Court of the State of New York · 1987
- People v. PalmerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1987
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1987
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