People v. Covington

Appellate Division of the Supreme Court of New York

People v. Covington

253 A.D.2d 711, 680 N.Y.S.2d 193, 1998 N.Y. App. Div. LEXIS 9794

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

DecidedSeptember 29, 1998

StatusPublished

This text of 253 A.D.2d 711 (People v. Covington) 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. Covington, 253 A.D.2d 711, 680 N.Y.S.2d 193, 1998 N.Y. App. Div. LEXIS 9794 (N.Y. Ct. App. 1998).

Pincite

Opinion

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered April 19, 1995, convicting defendant, after a jury trial, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly submitted the charge of attempted burglary in the third degree as a lesser included offense of burglary in the third degree since there was a reasonable view of the evidence to support a finding that defendant caused the lock of the premises to be unlocked, and, in the process, caused the door to open one inch, but did not cross the threshold with any part of his body. Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.

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

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered April 19, 1995, convicting defendant, after a jury trial, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly submitted the charge of attempted burglary in the third degree as a lesser included offense of burglary in the third degree since there was a reasonable view of the evidence to support a finding that defendant caused the lock of the premises to be unlocked, and, in the process, caused the door to open one inch, but did not cross the threshold with any part of his body. Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D.2d 711, 680 N.Y.S.2d 193, 1998 N.Y. App. Div. LEXIS 9794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-covington-nyappdiv-1998.