Opinion
June 29, 1999.
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
Since defendant's request for a jury charge on the lesser included offense of trespass in the third degree contained none of the arguments he now raises on appeal, such claims are unpreserved ( People v. Ramos, 242 A.D.2d 510, lv denied 91 N.Y.2d 896), and we decline to review them in the interest of justice. Were we to review defendant's claims, we would find that the trial court properly denied defendant's request. No reasonable view of the evidence would support a finding that defendant committed the lesser offense but not the greater offense. Defendant's argument is based on speculation and is unsupported by the record ( see, People v. Scarborough, 49 N.Y.2d 364, 371).
Concur — Nardelli, J. P., Williams, Tom, Lerner and Friedman, JJ.