People ex rel. Jackson v. Williams

Appellate Division of the Supreme Court of New York

People ex rel. Jackson v. Williams

184 A.D.2d 1040, 584 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 8285

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 1992·Published

Opinion

Determination unanimously confirmed and petition dismissed. Memorandum: The Division of Parole sustained its burden of proving a violation of parole by a preponderance of the evidence. Evidence that petitioner was convicted of criminal trespass was sufficient to prove the charge that he unlawfully entered a building (see, People ex rel. Maggio v Casscles, 28 NY2d 415, 418; People ex rel. White v Smith, 90 AD2d 973, 974), and possession of the screwdriver as a burglar tool was inferable from the circumstances. (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Denman, P. J., Boomer, Pine, Balio and Boehm, JJ.

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Determination unanimously confirmed and petition dismissed. Memorandum: The Division of Parole sustained its burden of proving a violation of parole by a preponderance of the evidence. Evidence that petitioner was convicted of criminal trespass was sufficient to prove the charge that he unlawfully entered a building (see, People ex rel. Maggio v Casscles, 28 NY2d 415, 418; People ex rel. White v Smith, 90 AD2d 973, 974), and possession of the screwdriver as a burglar tool was inferable from the circumstances. (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Denman, P. J., Boomer, Pine, Balio and Boehm, JJ.

People ex rel. Jackson v. Williams, 184 A.D.2d 1040, 584 N.Y.S.2d 701, 1992 N.Y. App. Div. LEXIS 8285 (N.Y. Ct. App. 1992).

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Opinion

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