People v. McBride

Appellate Division of the Supreme Court of New York

People v. McBride

260 A.D.2d 649, 687 N.Y.S.2d 273, 1999 N.Y. App. Div. LEXIS 4265

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

DecidedApril 26, 1999

StatusPublished

This text of 260 A.D.2d 649 (People v. McBride) 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. McBride, 260 A.D.2d 649, 687 N.Y.S.2d 273, 1999 N.Y. App. Div. LEXIS 4265 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered July 31, 1997, convicting him of burglary in the second degree, petit larceny, criminal possession of stolen property in the fifth degree, criminal mischief in the fourth degree, and possession of burglar’s tools, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was apprehended by police responding to a burglary-in-progress call in an apartment building. At the time of his arrest, the defendant was in possession of the fruits of the crime. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Mangano, P. J., H. Miller, Feuerstein, Schmidt and Smith, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered July 31, 1997, convicting him of burglary in the second degree, petit larceny, criminal possession of stolen property in the fifth degree, criminal mischief in the fourth degree, and possession of burglar’s tools, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was apprehended by police responding to a burglary-in-progress call in an apartment building. At the time of his arrest, the defendant was in possession of the fruits of the crime. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Mangano, P. J., H. Miller, Feuerstein, Schmidt and Smith, JJ., concur.

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Bluebook (online)

260 A.D.2d 649, 687 N.Y.S.2d 273, 1999 N.Y. App. Div. LEXIS 4265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcbride-nyappdiv-1999.

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