People v. Cozzetto

Appellate Division of the Supreme Court of New York

People v. Cozzetto

142 A.D.2d 684, 530 N.Y.S.2d 600, 1988 N.Y. App. Div. LEXIS 7956

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

DecidedJuly 18, 1988

StatusPublished

Cited by5 cases

This text of 142 A.D.2d 684 (People v. Cozzetto) 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. Cozzetto, 142 A.D.2d 684, 530 N.Y.S.2d 600, 1988 N.Y. App. Div. LEXIS 7956 (N.Y. Ct. App. 1988).

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Opinion

— Appeal by the defendant from a judgment of the County Court, Nassau County (Capilli, J.), rendered August 23, 1985, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we conclude that it was legally sufficient to sustain the defendant’s conviction of burglary in the second degree (see, Penal Law § 140.25). The complainant testified that he returned to his mother’s home at about midafternoon and "heard noises” and thereafter observed the defendant in a bedroom "crouching down”. In addition, the complainant found drawers open or on the floor in both his mother’s and brother’s bedrooms. Despite the absence of evidence indicating a forcible entry, the jury could reasonably find that the defendant entered and remained unlawfully in the dwelling since he did not have a license or privilege to do so (see, Penal Law § 140.00 [5]). Moreover, the intent to commit a crime within the premises can be inferred from the circumstances of the unlawful entry (see, People v Barnes, 50 NY2d 375, 381; People v Mackey, 49 NY2d 274, 280). Finally, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

We have reviewed the defendant’s remaining contentions and find them to be without merit. Mangano, J. P., Brown, Lawrence and Harwood, JJ., concur.

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— Appeal by the defendant from a judgment of the County Court, Nassau County (Capilli, J.), rendered August 23, 1985, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we conclude that it was legally sufficient to sustain the defendant’s conviction of burglary in the second degree (see, Penal Law § 140.25). The complainant testified that he returned to his mother’s home at about midafternoon and "heard noises” and thereafter observed the defendant in a bedroom "crouching down”. In addition, the complainant found drawers open or on the floor in both his mother’s and brother’s bedrooms. Despite the absence of evidence indicating a forcible entry, the jury could reasonably find that the defendant entered and remained unlawfully in the dwelling since he did not have a license or privilege to do so (see, Penal Law § 140.00 [5]). Moreover, the intent to commit a crime within the premises can be inferred from the circumstances of the unlawful entry (see, People v Barnes, 50 NY2d 375, 381; People v Mackey, 49 NY2d 274, 280). Finally, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

We have reviewed the defendant’s remaining contentions and find them to be without merit. Mangano, J. P., Brown, Lawrence and Harwood, JJ., concur.

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Bluebook (online)

142 A.D.2d 684, 530 N.Y.S.2d 600, 1988 N.Y. App. Div. LEXIS 7956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cozzetto-nyappdiv-1988.

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