Home/New York Court of Appeals/People v. Borrello

People v. Borrello

419 N.E.2d 868, 52 N.Y.2d 952, 437 N.Y.S.2d 965, 1981 N.Y. LEXIS 2201
CourtNew York Court of Appeals
DecidedFebruary 12, 1981
StatusPublished
Cited by27 cases

This text of 419 N.E.2d 868 (People v. Borrello) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Borrello, 419 N.E.2d 868, 52 N.Y.2d 952, 437 N.Y.S.2d 965, 1981 N.Y. LEXIS 2201 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed".

The trial court charged the jury that in order to find the defendants guilty of burglary in the third degree, it was required to determine that the defendants had entered the premises with the intent to commit a crime. In view of this charge, the court did not commit reversible error in refusing defendants’ request that the court specify that the People had to show, in addition to the entry of the premises, that defendants intended to commit a “felony or a misdemeanor” therein.

It is urged by the defendant that the court should have charged that the lesser included offense of trespass could not be the underlying intended crime. Although defense counsel alluded to this point during his colloquy with the Trial Judge after the charge, he never requested the charge and therefore the point is not preserved for our review.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, *954 Wachtler, Fuchsberg and Meyer concur.

In each case: Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Richard
2021 NY Slip Op 02500 (Appellate Division of the Supreme Court of New York, 2021)
People v. Lyons
2018 NY Slip Op 7258 (Appellate Division of the Supreme Court of New York, 2018)
People v. Wilborn
2018 NY Slip Op 5613 (Appellate Division of the Supreme Court of New York, 2018)
People v. Galvez
85 A.D.3d 444 (Appellate Division of the Supreme Court of New York, 2011)
People v. Grant
77 A.D.3d 558 (Appellate Division of the Supreme Court of New York, 2010)
People v. Young
74 A.D.3d 1374 (Appellate Division of the Supreme Court of New York, 2010)
People v. Medina
67 A.D.3d 548 (Appellate Division of the Supreme Court of New York, 2009)
People v. Credle
66 A.D.2d 572 (Appellate Division of the Supreme Court of New York, 2009)
People v. Ortiz
45 A.D.3d 368 (Appellate Division of the Supreme Court of New York, 2007)
People v. Bradley
17 A.D.3d 1050 (Appellate Division of the Supreme Court of New York, 2005)
People v. Ware
303 A.D.2d 173 (Appellate Division of the Supreme Court of New York, 2003)
People v. Lora
298 A.D.2d 149 (Appellate Division of the Supreme Court of New York, 2002)
People v. Williams
297 A.D.2d 565 (Appellate Division of the Supreme Court of New York, 2002)
People v. Rondu Parrish Smitherman
297 A.D.2d 352 (Appellate Division of the Supreme Court of New York, 2002)
People v. Brooks
283 A.D.2d 367 (Appellate Division of the Supreme Court of New York, 2001)
People v. Tarangelo
269 A.D.2d 163 (Appellate Division of the Supreme Court of New York, 2000)
People v. Pozo
261 A.D.2d 144 (Appellate Division of the Supreme Court of New York, 1999)
People v. Nunez
261 A.D.2d 127 (Appellate Division of the Supreme Court of New York, 1999)
People v. David
255 A.D.2d 620 (Appellate Division of the Supreme Court of New York, 1998)
People v. Ramos
242 A.D.2d 510 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
419 N.E.2d 868, 52 N.Y.2d 952, 437 N.Y.S.2d 965, 1981 N.Y. LEXIS 2201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-borrello-ny-1981.