63 N.Y.2d 718 (1984)
A trial court is not required to charge a lesser included offense to the jury if there is no reasonable view of the evidence that would support a finding that the defendant committed the lesser offense but not the greater offense.
Summary
Defendant Blim was convicted of burglary in the third degree. At trial, he requested a jury instruction on the lesser included offense of criminal trespass in the third degree, which the trial court denied. The Appellate Division reversed, finding that the lesser included offense should have been submitted to the jury. The New York Court of Appeals reversed the Appellate Division, holding that under no reasonable view of the evidence could the jury have found that the defendant committed the lesser offense but not the greater. The court reasoned that the key witness’s testimony could not be rationally dissected to accept the unlawful entry but reject the intent to commit a crime therein.
Facts
In the early morning hours, Sergeant Avery responded to a burglar alarm at the Moose Lodge. He saw two people running, one of whom he recognized as the defendant, Blim. James Lewis, the other individual, was apprehended. Avery found crowbars, a flashlight, and damage to the door, indicating forced entry. Lewis testified that he and Blim entered the lodge with the intent to open the safe and steal money. They left briefly after noticing a flashing red light but returned. Lewis took $12 from a metal box, while Blim went to the room containing the safe. They fled when they saw a Sheriff’s car and were ordered to halt. A barmaid testified that $11 was missing from the metal box. The lodge governor confirmed the money was present a day or two prior and missing after the incident.
Procedural History
The Schuyler County Court convicted Blim of burglary in the third degree. Blim appealed, arguing that the trial court erred by not instructing the jury on the lesser included offense of criminal trespass in the third degree. The Appellate Division reversed the conviction. The People appealed to the New York Court of Appeals.
Issue(s)
Whether the trial court erred in refusing to charge criminal trespass in the third degree as a lesser included offense of burglary in the third degree.
Holding
No, because under no reasonable view of the evidence could the jury have found that the defendant committed the lesser offense but not the greater offense.
Court’s Reasoning
The Court of Appeals reasoned that criminal trespass in the third degree is a lesser included offense of burglary in the third degree because burglary requires all the elements of criminal trespass, plus an intent to commit a crime inside the premises. However, a lesser included offense instruction is only required if there is a “rational basis on which the jury could reject a portion of the prosecution’s case which is indispensable to establishment of the higher crime and yet accept so much of the proof as would establish the lesser crime” (citing People v. Scarborough, 49 N.Y.2d 364, 369-370). The court found no such rational basis here. The testimony of Lewis, the accomplice, established both the unlawful entry and the intent to commit a crime. Discrediting Lewis’s testimony due to his plea bargain would impact his entire testimony, not just the element of intent. The Court stated, “There is no rational basis for rejecting his testimony concerning their intent to commit a crime in the lodge while accepting his testimony with respect to their unlawful entry into the lodge.” Sergeant Avery’s testimony only established Blim’s presence near the lodge, not that he unlawfully entered or remained inside. Thus, the prosecution’s case established either burglary or nothing, making the lesser included offense instruction unnecessary.