People v. Rickett
Cases that cite this one
11 later published cases cite this decision.
- People v. McCullough (Appellate Division of the Supreme Court of New York 2019)
- People v. Taylor (Appellate Division of the Supreme Court of New York 2018)
- CARTER, VERNON L., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Carter (Appellate Division of the Supreme Court of New York 2013)
- People v. Carter (Appellate Division of the Supreme Court of New York 2013)
- People v. Vasquez (Appellate Division of the Supreme Court of New York 2013)
- People v. Vasquez (Appellate Division of the Supreme Court of New York 2013)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2012)
- People v. Wells (Appellate Division of the Supreme Court of New York 2009)
- People v. Devonish (Appellate Division of the Supreme Court of New York 2005)
- People v. Lane (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.