People v. Long

Appellate Division of the Supreme Court of New York

People v. Long

40 A.D.2d 984, 338 N.Y.S.2d 452, 1972 N.Y. App. Div. LEXIS 3203

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

DecidedDecember 4, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 984 (People v. Long) 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. Long, 40 A.D.2d 984, 338 N.Y.S.2d 452, 1972 N.Y. App. Div. LEXIS 3203 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 27, 1971, convicting him of burglary in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment not to exceed seven years. Judgment reversed, on the law, and new trial granted. The findings of fact below aré affirmed. Defendant was tried for burglary'" in the third degree. Under the evidence adduced at the trial it could have been proper for the jury to acquit him of this crime but find him guilty of criminal trespass in the second degree. Under the circumstances, it was error to refuse the request for a charge on criminal trespass in the second degree (People v. Mussenden, 308 N. Y. 558; CPL 300.50). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 27, 1971, convicting him of burglary in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of imprisonment not to exceed seven years. Judgment reversed, on the law, and new trial granted. The findings of fact below aré affirmed. Defendant was tried for burglary'" in the third degree. Under the evidence adduced at the trial it could have been proper for the jury to acquit him of this crime but find him guilty of criminal trespass in the second degree. Under the circumstances, it was error to refuse the request for a charge on criminal trespass in the second degree (People v. Mussenden, 308 N. Y. 558; CPL 300.50). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 984, 338 N.Y.S.2d 452, 1972 N.Y. App. Div. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-long-nyappdiv-1972.

Opinion

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