People v. Rock

Summary

The court held that second-degree criminal trespass is not a lesser included offense of second-degree burglary because the trespass statute contains an element that is not required for burglary. Applying the strict elements test, the court concluded that Rock was not entitled to a lesser-included-offense instruction and reversed the court of appeals' judgment. The opinion also explained that, absent a defense request for a lesser non-included offense, giving such an instruction would improperly expose the defendant to an uncharged offense.