People v. Cruz

Appellate Division of the Supreme Court of New York

People v. Cruz

190 A.D.2d 576, 593 N.Y.S.2d 466, 1993 N.Y. App. Div. LEXIS 1461

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

DecidedFebruary 11, 1993

StatusPublished

Cited by1 cases

This text of 190 A.D.2d 576 (People v. Cruz) 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. Cruz, 190 A.D.2d 576, 593 N.Y.S.2d 466, 1993 N.Y. App. Div. LEXIS 1461 (N.Y. Ct. App. 1993).

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Opinion

— Judgment, Supreme Court, Bronx County (Emily Jane Goodman, J., at suppression hearing; Frank Diaz, J., at trial), rendered April 13, 1990, convicting defendant of burglary in the first degree and criminal impersonation in the first degree, and sentencing him to concurrent prison terms of 12 V2 to 25 years and 2 to 4 years, respectively, unanimously affirmed.

In view of overwhelming evidence of guilt including the fact defendant was apprehended at the scene of the crime, in the course of commission of the burglary, the misconduct, if any, committed by the prosecutor in summation was harmless (People v Harris, 80 NY2d 796; People v Bailey, 155 AD2d 262, lv denied 75 NY2d 810).

We also conclude that no rational view of the evidence required submission to the jury of the crime of burglary in the third degree as a lesser included offense.

We have examined defendant’s remaining contentions and [577]*577find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Wallach, Ross and Rubin, JJ.

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— Judgment, Supreme Court, Bronx County (Emily Jane Goodman, J., at suppression hearing; Frank Diaz, J., at trial), rendered April 13, 1990, convicting defendant of burglary in the first degree and criminal impersonation in the first degree, and sentencing him to concurrent prison terms of 12 V2 to 25 years and 2 to 4 years, respectively, unanimously affirmed.

In view of overwhelming evidence of guilt including the fact defendant was apprehended at the scene of the crime, in the course of commission of the burglary, the misconduct, if any, committed by the prosecutor in summation was harmless (People v Harris, 80 NY2d 796; People v Bailey, 155 AD2d 262, lv denied 75 NY2d 810).

We also conclude that no rational view of the evidence required submission to the jury of the crime of burglary in the third degree as a lesser included offense.

We have examined defendant’s remaining contentions and [577]*577find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Wallach, Ross and Rubin, JJ.

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Bluebook (online)

190 A.D.2d 576, 593 N.Y.S.2d 466, 1993 N.Y. App. Div. LEXIS 1461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cruz-nyappdiv-1993.

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