New York Court of Appeals

The People of the State of New York, Appellant v. Dennis Martin, Respondent

May 5, 198359 N.Y.2d 704

Summary

The Court of Appeals affirmed the Appellate Division's reversal, holding that the trial court erred by refusing to submit the lesser included offense of criminal trespass in the third degree to the jury because a reasonable view of the evidence could support a conviction on that lesser charge.