People v. Carter, 111 A.D.3d 1324 (N.Y. App. Div. 2013). · Go Syfert
People v. Carter, 111 A.D.3d 1324 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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Strongest positive: McCullough v. Wilcott (nywd, 2024-08-16)
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discussed Cited as authority (rule) McCullough v. Wilcott
W.D.N.Y. · 2024 · confidence medium
The Appellate Division held that the trial court properly denied the request to charge second-degree criminal trespass (P.L. § 140.15(1)) as a lesser included offense of second-degree burglary (P.L. § 140.25(2)) because there was “no reasonable view of the evidence that [Petitioner] entered the building without the intent to commit a crime therein.” Id. at 1497 (some quotation marks omitted (quoting People v. Carter, 111 A.D.3d 1324, 1324 (4th Dep’t 2013)).
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The People of the State of New York
v.
Vernon L. Carter
Appellate Division of the Supreme Court of the State of New York.
Nov 8, 2013.
111 A.D.3d 1324
Cited by 1 opinion  |  Published

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered May 21, 2009. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law § 140.25 [2]). 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 defendant entered the building without the intent to commit a crime therein” (People v Smith, 12 AD3d 1106, 1107 [2004], lv denied 4 NY3d 767 [2005]; see People v Rickett, 94 NY2d 929, 930 [2000]). Furthermore, viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we reject defendant’s contention that the verdict is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). To the contrary, “[t]he overwhelming weight of the evidence supports the [verdict convicting defendant] of burglary in the second degree” (People v Moore, 190 AD2d 1023, 1023 [1993], lv denied 81 NY2d 1077 [1993]). We have considered defendant’s contentions in his pro se supplemental brief and conclude that they are without merit. Present — Fahey, J.E, Peradotto, Lindley, Sconiers and Whalen, JJ.