People v. Linares

Appellate Division of the Supreme Court of New York

People v. Linares

286 A.D.2d 629, 730 N.Y.S.2d 107, 2001 N.Y. App. Div. LEXIS 8589

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

DecidedSeptember 20, 2001

StatusPublished

This text of 286 A.D.2d 629 (People v. Linares) 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. Linares, 286 A.D.2d 629, 730 N.Y.S.2d 107, 2001 N.Y. App. Div. LEXIS 8589 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered October 6, 2000, convicting defendant, after a jury trial, of burglary in the second degree and assault in the second degree, and sentencing him to concurrent terms of six years, unanimously affirmed.

[630]*630The verdict was not against the weight of the evidence. Defendant’s larcenous intent could be readily inferred from the circumstances, including defendant’s behavior when confronted by the complainant (see, People v Castillo, 47 NY2d 270, 278). Furthermore, defendant’s argument that the assault conviction was tainted by the burglary conviction is without merit; the evidence supporting this criminal act is both separate and overwhelming.

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Mazzarelli, Ellerin, Wallach and Lerner, JJ.

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—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered October 6, 2000, convicting defendant, after a jury trial, of burglary in the second degree and assault in the second degree, and sentencing him to concurrent terms of six years, unanimously affirmed.

[630]*630The verdict was not against the weight of the evidence. Defendant’s larcenous intent could be readily inferred from the circumstances, including defendant’s behavior when confronted by the complainant (see, People v Castillo, 47 NY2d 270, 278). Furthermore, defendant’s argument that the assault conviction was tainted by the burglary conviction is without merit; the evidence supporting this criminal act is both separate and overwhelming.

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Mazzarelli, Ellerin, Wallach and Lerner, JJ.

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Bluebook (online)

286 A.D.2d 629, 730 N.Y.S.2d 107, 2001 N.Y. App. Div. LEXIS 8589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-linares-nyappdiv-2001.

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