| People v Santos |
| 2012 NY Slip Op 08402 [101 AD3d 427] |
| December 6, 2012 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Argenis Santos, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), forrespondent.
Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered April 26, 2010,convicting defendant, after a jury trial, of burglary in the second degree and unlawfulimprisonment in the second degree, and sentencing him, as a second felony offender, to anaggregate term of six years, unanimously affirmed.
The court properly declined to submit criminal trespass in the second degree as a lesserincluded offense, since there was no reasonable view of the evidence, viewed most favorably todefendant, to support such a charge (seee.g. People v Zokari, 68 AD3d 578 [2009], lv denied 15 NY3d 758 [2010]; People v Jones, 33 AD3d 461 [1stDept 2006], lv denied 7 NY3d 926 [2006]; People v Mongen, 157 AD2d 82[1990], appeal dismissed 76 NY2d 1015 [1990]). The jury would have had no basis forfinding that defendant entered unlawfully, but without the intent to unlawfully restrain the victimor otherwise commit a crime, and subsequently formed that intent.
Defendant entered the apartment of his former girlfriend unlawfully, hid under a crib, andgrabbed her immediately after she discovered him, telling her that neither the police nor hermother could help her now. He then continuously held her in the apartment against her will for16 hours. Defendant's conduct was thus inconsistent with a claim that, at the time he entered, hesimply wanted to talk to the victim about their relationship. Concur—Gonzalez, P.J.,Sweeny, Richter, Román and Clark, JJ.