Legal Opinion

People v. Agrelo-Travieso

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1999PublishedCited by 6 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered July 30, 1996, convicting defendant, after a jury trial, of burglary in the third degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years and 1 year, respectively, unanimously affirmed.

The court, properly refused to charge criminal trespass as a lesser included offense of burglary in the third degree, since *515there was no reasonable view of the evidence that defendant entered the restaurant for a noncriminal purpose (see, People v Ray, 254 AD2d 189).…

2Cases cited3 opinions

  1. People v. GainesNew York Court of Appeals · 1989
  2. People v. CannonAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. RayAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by6 opinions

  1. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. SalgadoAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. DevonishAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2013

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