People v. Vargas

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered March 23, 1988, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the trial court properly denied his request to charge criminal trespass in the third degree as a lesser included offense of burglary in the third degree, since there was no reasonable view of the evidence which would support a finding that the defendant committed the lesser offense but not the greater (see, CPL…