People v Arthur
2005 NY Slip Op 02266 [16 AD3d 592]
March 21, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


The People of the State of New York, Respondent,
v
Garry Arthur, Appellant.

[*1]Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered January 12, 2004, convicting him of attempted burglary in the second degree and possession of burglar's tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request to charge the lesser-included offense of attempted criminal trespass in the second degree. Viewed in the light most favorable to the defendant (see People v Martin, 59 NY2d 704, 705 [1983]), there was no reasonable view of the evidence which would support a finding that the defendant committed attempted criminal trespass in the second degree but did not commit attempted burglary in the second degree (see CPL 300.50; People v Glover, 57 NY2d 61 [1982]; People v Rickett, 259 AD2d 636, 637 [1999]; People v Oswald, 245 AD2d 532 [1997]; People v Vargas, 168 AD2d 586 [1990]). Adams, J.P., Krausman, Rivera and Lifson, JJ., concur.