People v. Rickett, 729 N.E.2d 1148 (N.Y. 2000). · Go Syfert
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People v. Rickett, 729 N.E.2d 1148 (N.Y. 2000). Cases Citing This Book View Copy Cite
11 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Taylor, 2018 NY Slip Op 5371 (N.Y. App. Div. 3d Dep't 2018)
How cited ↗
Cited for
94 N.Y.2d at 930 Determining intent for lesser included offense of burglary5 citing cases4 listed here
  • People v. Taylor, 2018 NY Slip Op 5371 (N.Y. App. Div. 3d Dep't 2018).published
    While there is no dispute that the first prong of the test has been met ( see People v Rickett , 94 NY2d 929, 930 [2000]; People v Alsaifullah , 96 AD3d 1103, 1104 [2012], lv denied [*3] 19 NY3d 994 [2012]), there is no reasonable view of…
  • People v. Wells, 63 A.D.3d 967 (N.Y. App. Div. 2d Dep't 2009).published
    The trial court also properly denied the defendant’s request to submit criminal trespass in the second degree as a lesser-included offense of burglary in the second degree, since there was no reasonable view of the evidence that could lead…
  • People v. McCullough, 2019 NY Slip Op 3185 (N.Y. App. Div. 4th Dep't 2019).published
    We conclude that " [t]here is no reasonable view of the evidence that defendant entered the building without the intent to commit a crime therein' " ( People v Carter , 111 AD3d 1324 , 1324 [4th Dept 2013], lv denied 22 NY3d 1155 [2014]; s…
  • People v. Carter, 111 A.D.3d 1324 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    County Court properly denied defendant’s request to charge criminal trespass in the second degree (§ 140.15 [1]) as a lesser included offense of burglary in the second degree because “[t]here is no reasonable view of the evidence that defe…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Anthony Rickett, Appellant
New York Court of Appeals.
Apr 4, 2000.
Published opinion
729 N.E.2d 1148
2000 N.Y. LEXIS 509
APPEARANCES OF COUNSEL, Verna W. Cobb, Tuxedo, for appellant., Francis D. Phillips, II, District Attorney of Orange County, Goshen (David R. Huey of counsel), for respondent.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt Concur.
Cited by 11 opinions  |  Published

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.