People v. Horvath

Appellate Division of the Supreme Court of New York

People v. Horvath

267 A.D.2d 326, 699 N.Y.S.2d 894, 1999 N.Y. App. Div. LEXIS 12968

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

DecidedDecember 13, 1999

StatusPublished

This text of 267 A.D.2d 326 (People v. Horvath) 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. Horvath, 267 A.D.2d 326, 699 N.Y.S.2d 894, 1999 N.Y. App. Div. LEXIS 12968 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Perone, J.), rendered July 13, 1998, convicting him of burglary in the second degree, reckless driving, and violation of Vehicle and Traffic Law § 1180 (b), after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction of burglary in the second degree to criminal trespass in the second degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed (see, People v Kolempear, 267 AD2d 327 [decided herewith]).

Contrary to the defendant’s contention, the evidence was legally sufficient to support a finding that he acted as an accessory (see, Penal Law § 20.00). Santucci, J. P., Joy, Florio and Luciano, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (Perone, J.), rendered July 13, 1998, convicting him of burglary in the second degree, reckless driving, and violation of Vehicle and Traffic Law § 1180 (b), after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction of burglary in the second degree to criminal trespass in the second degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed (see, People v Kolempear, 267 AD2d 327 [decided herewith]).

Contrary to the defendant’s contention, the evidence was legally sufficient to support a finding that he acted as an accessory (see, Penal Law § 20.00). Santucci, J. P., Joy, Florio and Luciano, JJ., concur.

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Bluebook (online)

267 A.D.2d 326, 699 N.Y.S.2d 894, 1999 N.Y. App. Div. LEXIS 12968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horvath-nyappdiv-1999.

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