People v. Figueroa

269 A.D.2d 204, 703 N.Y.S.2d 714, 2000 N.Y. App. Div. LEXIS 1305

Opinion

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered February 11, 1998, convicting defendant, after a jury trial, of burglary in the third degree and possession of burglars’ tools, and sentencing him, as a second felony offender, to concurrent terms of SVs to 7 years and 1 year, respectively, unanimously affirmed.

The court properly declined to charge criminal trespass in the third degree as a lesser included offense of burglary. We find no reasonable view of the evidence that would permit the jury to find that defendant committed criminal trespass but not burglary (see, People v Scarborough, 49 NY2d 364). The Sandoval ruling was an appropriate exercise of discretion (see, People v Pavao, 59 NY2d 282, 292). Concur — Sullivan, J. P., Mazzarelli, Ellerin, Lerner and Friedman, JJ.