People v. Salik

243 A.D.2d 372, 664 N.Y.S.2d 550, 1997 N.Y. App. Div. LEXIS 10781

Opinion

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered March 1, 1995, convicting defendant, after a jury trial, of attempted burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of 23A to 5V2 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Castillo, 47 NY2d 270, 277-278). Furthermore, the court properly denied defendant’s request to charge attempted criminal trespass in the second degree as a lesser included offense of attempted burglary in the second degree (People v Scoggins, 167 AD2d 321, 322, lv denied 77 NY2d 882). There was no reasonable view of the evidence that defendant did not possess the intent to commit a crime in the building. Concur—Murphy, P. J., Nardelli, Williams and Colabella, JJ.