Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence since the evidence was obtained from a search incident to a lawful arrest ( see People v. Parker, 306 AD2d 543).
The trial court properly refused to charge the jury with trespass ( see Penal Law § 140.05) as a lesser-included offense of burglary in the third degree ( see Penal Law § 140.20), since no reasonable view of the evidence could lead one to conclude that the defendant, equipped with a burglar's tools, attempted an unlawful entry into the premises for an innocent, rather than a criminal, purpose ( see CPL 300.50; People v. Martin, 59 NY2d 704; People v. Rohena, 183 AD2d 859).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.