2 No. 35
The People &c., Respondent,
v.
Anthony Rickett, Appellant.

2000 NY Int. 22

April 4, 2000

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Verna W. Cobb, for appellant.
David R. Huey, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

The trial court did not err as a matter of law in denying defendant's request to charge criminal trespass in the second degree as a lesser-included offense of burglary in the second degree (see, Penal Law §§ 140.15, 140.25). Although criminal trespass in the second degree is a lesser-included offense of burglary in the second degree, there is no reasonable view of the evidence to support a finding that defendant committed the lesser offense but not the greater (see, People v Scarborough, 49 NY2d 364, 368). Defendant's remaining arguments are unpreserved.