THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. VERNON CARTER DEFENDANT APPELLANT (2013)

MEMORANDUM AND ORDER

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, lv denied 4 NY3d 767;  see People v. Rickett, 94 N.Y.2d 929, 930).   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), we reject defendant's contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495).   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 A.D.2d 1023, 1023, lv denied 81 N.Y.2d 1077).   We have considered defendant's contentions in his pro se supplemental brief and conclude that they are without merit.

Frances E. Cafarell

Clerk of the Court