People v. La Furno

Appellate Division of the Supreme Court of New York

People v. La Furno

104 A.D.2d 1008, 481 N.Y.S.2d 5, 1984 N.Y. App. Div. LEXIS 20442

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

DecidedOctober 22, 1984

StatusPublished

Cited by3 cases

This text of 104 A.D.2d 1008 (People v. La Furno) 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. La Furno, 104 A.D.2d 1008, 481 N.Y.S.2d 5, 1984 N.Y. App. Div. LEXIS 20442 (N.Y. Ct. App. 1984).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Reilly, J.), rendered May 28,1982, convicting him of burglary in the second degree, grand larceny in the second degree, and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

The evidence overwhelmingly supported defendant’s conviction on the burglary count. Defendant and his codefendant were sighted by a police officer in the immediate vicinity of the burglary, only minutes after the burglary was discovered, and were found to be in possession of the stolen property. The flight by defendant and codefendant from the police officer evidences consciousness of guilt. Since these facts are inconsistent with defendant’s innocence, the jury could have concluded that the evidence excluded to a moral certainty every other reasonable hypothesis (People v Barnes, 50 NY2d 375, 380).

We have considered defendant’s other contentions and find them to be without merit. Moflen, P. J., Lazer, Gibbons and Brown, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Westchester County (Reilly, J.), rendered May 28,1982, convicting him of burglary in the second degree, grand larceny in the second degree, and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

The evidence overwhelmingly supported defendant’s conviction on the burglary count. Defendant and his codefendant were sighted by a police officer in the immediate vicinity of the burglary, only minutes after the burglary was discovered, and were found to be in possession of the stolen property. The flight by defendant and codefendant from the police officer evidences consciousness of guilt. Since these facts are inconsistent with defendant’s innocence, the jury could have concluded that the evidence excluded to a moral certainty every other reasonable hypothesis (People v Barnes, 50 NY2d 375, 380).

We have considered defendant’s other contentions and find them to be without merit. Moflen, P. J., Lazer, Gibbons and Brown, JJ., concur.

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Bluebook (online)

104 A.D.2d 1008, 481 N.Y.S.2d 5, 1984 N.Y. App. Div. LEXIS 20442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-la-furno-nyappdiv-1984.

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