People v. King

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 6, 1973, convicting him of burglary in the second degree, upon a jury verdict, and sentencing him to - an indeterminate prison term not to exceed seven years. Judgment reversed, on the law, and new trial ordered. No questions of fact were raised or considered on this appeal. In our opinion, it was reversible error for the trial court to refuse defendant’s request to instruct' the jury on the crime of criminal trespass in the second degree (and thereby limit the charge to the surviving crime alleged in the…