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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Louis A. BECHT, Appellant.

The court properly denied defendant's request to charge criminal trespass in the second degree as a lesser included offense of burglary in the second degree. There is no reasonable view of the evidence that would support a finding that defendant committed the lesser offense but not the greater ( see, People v Glover, 57 NY2d 61, 64; People v Lopez, 176 AD2d 468, lv denied 79 NY2d 860).

Defendant's sentence is not unduly harsh or severe.

We have reviewed the arguments raised in defendant's pro se supplemental brief and conclude that they are without merit. (Appeal from Judgment of Supreme Court, Erie County, Cosgrove, J. — Burglary, 2nd Degree.)

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PEOPLE v. BECHT
(Feb 7, 1997)