People v. Byrne

Appellate Division of the Supreme Court of New York

People v. Byrne

290 A.D.2d 513, 736 N.Y.S.2d 256, 2002 N.Y. App. Div. LEXIS 618

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

DecidedJanuary 22, 2002

StatusPublished

This text of 290 A.D.2d 513 (People v. Byrne) 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. Byrne, 290 A.D.2d 513, 736 N.Y.S.2d 256, 2002 N.Y. App. Div. LEXIS 618 (N.Y. Ct. App. 2002).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered July 22, 1998, convicting him of burglary in the second degree, burglary in the third degree, and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of burglary in the third degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Smith, J.P., Krausman, Schmidt and Cozier, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered July 22, 1998, convicting him of burglary in the second degree, burglary in the third degree, and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of burglary in the third degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. Smith, J.P., Krausman, Schmidt and Cozier, JJ., concur.

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Bluebook (online)

290 A.D.2d 513, 736 N.Y.S.2d 256, 2002 N.Y. App. Div. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-byrne-nyappdiv-2002.

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