People v. Lee Mack, 59 A.D.2d 1052 (N.Y. App. Div. 4th Dep't 1977). · Go Syfert
People v. Lee Mack, 59 A.D.2d 1052 (N.Y. App. Div. 4th Dep't 1977). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Clifford Lee Mack
Appellate Division of the Supreme Court of the State of New York.
Nov 14, 1977.
Published opinion
59 A.D.2d 1052
1977 N.Y. App. Div. LEXIS 14340
Published

Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: As the District Attorney commendably acknowledged, Trial Term erred in denying defendant’s request for a charge that the jury could find defendant guilty of criminal trespass as a lesser included crime of burglary, third degree (People v Henderson, 41 NY2d 233; People v Long, 40 AD2d 984). Defendant’s conviction of burglary, third degree, therefore, must be reversed and a new trial granted on that count. Defendant’s confession of possession of the weapon was sufficiently corroborated (see People v Spillman, 309 NY 295; People v Lo Turco, 256 App Div 1098, affd 280 NY 844); and so the judgment is otherwise affirmed. (Appeal from judgment of Monroe Supreme Court— burglary, third degree.) Present—Simons, J. P., Hancock, Jr., Denman, Goldman and Witmer, JJ.