People v. Mercado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from a judgment of Wayne County Court (Parenti, J.), entered December 10, 1998, convicting defendant after a jury trial of, inter alia, burglary in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: County Court properly denied defendant’s request to charge criminal trespass in the third degree (Penal Law § 140.10 [a]) as a lesser included offense of burglary in the third degree (§ 140.20) where, as here, there is no reasonable view of the evidence that defendant committed the lesser offense but not the…
2Cases cited8 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. BarnesNew York Court of Appeals · 1980
- People v. GainesNew York Court of Appeals · 1989
- Long Island Savings Bank v. SavageNew York Court of Appeals · 1987
- People v. WoolardAppellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2008
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DouglasAppellate Division of the Supreme Court of the State of New York · 2005
- People v. AdkinsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 2021
6 more not listed; retrieve them via the Exa API.