People v. Gary

Appellate Division of the Supreme Court of New York

People v. Gary

148 A.D.2d 992, 539 N.Y.S.2d 226, 1989 N.Y. App. Div. LEXIS 2683

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

DecidedMarch 10, 1989

StatusPublished

This text of 148 A.D.2d 992 (People v. Gary) 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. Gary, 148 A.D.2d 992, 539 N.Y.S.2d 226, 1989 N.Y. App. Div. LEXIS 2683 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: We have reviewed the record and we conclude that the verdict is supported by legally sufficient evidence on each and every element of burglary, first degree. Considering that defendant entered a private home through a window in the middle of the night wielding a knife and injured two of the occupants, the court did not abuse its discretion when it sentenced defendant to serve 3 to 9 years, despite the fact that this was defendant’s first felony conviction. (Appeal from judgment of Oneida County Court, Gilbert, [993]*993J. — burglary, first degree, and other charges.) Present — Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: We have reviewed the record and we conclude that the verdict is supported by legally sufficient evidence on each and every element of burglary, first degree. Considering that defendant entered a private home through a window in the middle of the night wielding a knife and injured two of the occupants, the court did not abuse its discretion when it sentenced defendant to serve 3 to 9 years, despite the fact that this was defendant’s first felony conviction. (Appeal from judgment of Oneida County Court, Gilbert, [993]*993J. — burglary, first degree, and other charges.) Present — Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.

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Bluebook (online)

148 A.D.2d 992, 539 N.Y.S.2d 226, 1989 N.Y. App. Div. LEXIS 2683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gary-nyappdiv-1989.