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

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 1989·Published

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] J. — 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] J. — burglary, first degree, and other charges.) Present — Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.

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).

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148 A.D.2d 992 (People v. Gary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.