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PEOPLE, res, v. JAMES JIMENEZ, def-ap

8805. PEOPLE, res, v. JAMES JIMENEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Timothy C. Stone of counsel), for res — Judgment, Supreme Court, New York County (Roger S. Hayes, J. at first jury trial; Jill Konviser, J. at second jury trial and sentencing), rendered September 7, 2010, convicting defendant of burglary in the second degree and two counts of criminal trespass in the second degree, and sentencing him to an aggregate term of four years, unanimously affirmed.

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8805. PEOPLE, res, v. JAMES JIMENEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Timothy C. Stone of counsel), for res — Judgment, Supreme Court, New York County (Roger S. Hayes, J. at first jury trial; Jill Konviser, J. at second jury trial and sentencing), rendered September 7, 2010, convicting defendant of burglary in the second degree and two counts of criminal trespass in the second degree, and sentencing him to an aggregate term of four years, unanimously affirmed.

At the first trial, the court correctly declined to “accept” a purported verdict of guilty on two counts of criminal trespass. The court had submitted three counts of second-degree burglary with three corresponding counts of the lesser included offense of second-degree criminal trespass. As to one of these pairs of counts, the jury reached a proper verdict, acquitting defendant of burglary and convicting him of trespass, and the court accepted that verdict. The jury announced that it had not reached unanimous verdicts as to the two other burglary counts. However, on the verdict sheet the guilty boxes for the two corresponding trespass counts contained check marks. The court rejected defendant’s request that it take the verdict according to the sheet (which would have amounted to acquittals of the greater burglary charges).

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