People v. Bryan

Appellate Division of the Supreme Court of New York

People v. Bryan

300 A.D.2d 111, 751 N.Y.S.2d 463, 2002 N.Y. App. Div. LEXIS 12151

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 2002

StatusPublished

This text of 300 A.D.2d 111 (People v. Bryan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bryan, 300 A.D.2d 111, 751 N.Y.S.2d 463, 2002 N.Y. App. Div. LEXIS 12151 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, [112]*112Supreme Court, New York County (Dorothy Cropper, J.), rendered January 4, 2001, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s intent to commit a larceny in a doctor’s office in a locked wing of a hospital was established by the evidence, including testimony that defendant had opened a cabinet drawer and removed a jewelry box. The jury properly rejected defendant’s incredible explanation for his unauthorized presence. Concur— Andrias, J.P., Saxe, Sullivan, Friedman and Gonzalez, JJ.

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—Judgment, [112]*112Supreme Court, New York County (Dorothy Cropper, J.), rendered January 4, 2001, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s intent to commit a larceny in a doctor’s office in a locked wing of a hospital was established by the evidence, including testimony that defendant had opened a cabinet drawer and removed a jewelry box. The jury properly rejected defendant’s incredible explanation for his unauthorized presence. Concur— Andrias, J.P., Saxe, Sullivan, Friedman and Gonzalez, JJ.

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Bluebook (online)

300 A.D.2d 111, 751 N.Y.S.2d 463, 2002 N.Y. App. Div. LEXIS 12151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bryan-nyappdiv-2002.

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