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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARRY ARTHUR, Appellant.

Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request to charge the lesser-included offense of attempted criminal trespass in the second degree. Viewed in the light most favorable to the defendant ( see People v. Martin, 59 NY2d 704, 705), there was no reasonable view of the evidence which would support a finding that the defendant committed attempted criminal trespass in the second degree but did not commit attempted burglary in the second degree ( see CPL 300.50; People v. Glover, 57 NY2d 61; People v. Rickett, 259 AD2d 636, 637; People v. Oswald, 245 AD2d 532; People v. Vargas, 168 AD2d 586).

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PEOPLE v. ARTHUR
(Mar 21, 2005)