People v. Friday

Appellate Division of the Supreme Court of New York

People v. Friday

198 A.D.2d 141, 603 N.Y.S.2d 854, 1993 N.Y. App. Div. LEXIS 10791

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 141 (People v. Friday) 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. Friday, 198 A.D.2d 141, 603 N.Y.S.2d 854, 1993 N.Y. App. Div. LEXIS 10791 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Robert G. Seewald, J., and a jury), rendered December 21, 1990, convicting defendant of burglary in the third degree, and sentencing him to a term of 2Vz to 5 years, unanimously affirmed.

The proof of defendant’s guilt was overwhelming. Defendant admitted that he crawled under a security gate to enter the looted store in which he was found hiding with a bag of merchandise. The jury was well within its province to reject defendant’s claim that he entered the premises, a converted theater, to inquire whether "anyone” needed assistance, and remained to perform a "rap” song on the stage in the store’s darkened storage area.

Defendant’s objections to the court’s charge and the prosecutor’s summation are unpreserved. Were we to review, we would find the claims would not warrant reversal. Concur— Carro, J. P., Rosenberger, Ellerin and Asch, JJ.

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—Judgment, Supreme Court, Bronx County (Robert G. Seewald, J., and a jury), rendered December 21, 1990, convicting defendant of burglary in the third degree, and sentencing him to a term of 2Vz to 5 years, unanimously affirmed.

The proof of defendant’s guilt was overwhelming. Defendant admitted that he crawled under a security gate to enter the looted store in which he was found hiding with a bag of merchandise. The jury was well within its province to reject defendant’s claim that he entered the premises, a converted theater, to inquire whether "anyone” needed assistance, and remained to perform a "rap” song on the stage in the store’s darkened storage area.

Defendant’s objections to the court’s charge and the prosecutor’s summation are unpreserved. Were we to review, we would find the claims would not warrant reversal. Concur— Carro, J. P., Rosenberger, Ellerin and Asch, JJ.

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Bluebook (online)

198 A.D.2d 141, 603 N.Y.S.2d 854, 1993 N.Y. App. Div. LEXIS 10791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-friday-nyappdiv-1993.