People v. Pinchbeck

—Appeal by the defendant from a judgment of the County Court, Putnam County (Sweeny, J.), rendered November 30, 1993, convicting him of burglary in the third degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly refused to charge the lesser-included offense of criminal trespass in the third degree since there was no rational basis for the jury to acquit the defendant of the burglary charge but convict him of criminal trespass (see, People v Camacho, 134 AD2d 441).

The defendant’s challenge to…