Home/New York Court of Appeals/People v. Rickett

People v. Rickett

729 N.E.2d 1148, 94 N.Y.2d 929, 708 N.Y.S.2d 349, 2000 N.Y. LEXIS 509
CourtNew York Court of Appeals
DecidedApril 4, 2000
StatusPublished
Cited by11 cases

This text of 729 N.E.2d 1148 (People v. Rickett) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rickett, 729 N.E.2d 1148, 94 N.Y.2d 929, 708 N.Y.S.2d 349, 2000 N.Y. LEXIS 509 (N.Y. 2000).

Opinion

OPINION OF THE COURT

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.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. McCullough
2019 NY Slip Op 3185 (Appellate Division of the Supreme Court of New York, 2019)
People v. Taylor
2018 NY Slip Op 5371 (Appellate Division of the Supreme Court of New York, 2018)
People v. Vasquez
112 A.D.3d 858 (Appellate Division of the Supreme Court of New York, 2013)
CARTER, VERNON L., PEOPLE v
Appellate Division of the Supreme Court of New York, 2013
People v. Carter
111 A.D.3d 1324 (Appellate Division of the Supreme Court of New York, 2013)
People v. Johnson
94 A.D.3d 1144 (Appellate Division of the Supreme Court of New York, 2012)
People v. Wells
63 A.D.3d 967 (Appellate Division of the Supreme Court of New York, 2009)
People v. Devonish
17 A.D.3d 111 (Appellate Division of the Supreme Court of New York, 2005)
People v. Lane
278 A.D.2d 847 (Appellate Division of the Supreme Court of New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
729 N.E.2d 1148, 94 N.Y.2d 929, 708 N.Y.S.2d 349, 2000 N.Y. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rickett-ny-2000.