People v. McDonald

Appellate Division of the Supreme Court of New York

People v. McDonald

172 A.D.2d 275, 568 N.Y.S.2d 98, 1991 N.Y. App. Div. LEXIS 4583

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

DecidedApril 11, 1991

StatusPublished

This text of 172 A.D.2d 275 (People v. McDonald) 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. McDonald, 172 A.D.2d 275, 568 N.Y.S.2d 98, 1991 N.Y. App. Div. LEXIS 4583 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered on June 22, 1989, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent indeterminate terms of imprisonment of 2 to 4 years and IV2 to 3 years, respectively unanimously affirmed.

Defendant was arrested after he emerged covered with white dust from a vacant store carrying a bundle of clothing. On investigation, it was ascertained that the clothing, worth $3,200, had been taken from the clothing store next door to [276]*276the vacant store, and that there was a hole in the common wall. The floor of the clothing store was covered with a dust similar to that found on defendant, ostensibly gypsum dust. Under these circumstances, we think the evidence presented, albeit circumstantial, was sufficient to establish defendant’s guilt beyond a reasonable doubt. Concur—Sullivan, J. P., Wallach, Asch and Smith, JJ.

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Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered on June 22, 1989, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent indeterminate terms of imprisonment of 2 to 4 years and IV2 to 3 years, respectively unanimously affirmed.

Defendant was arrested after he emerged covered with white dust from a vacant store carrying a bundle of clothing. On investigation, it was ascertained that the clothing, worth $3,200, had been taken from the clothing store next door to [276]*276the vacant store, and that there was a hole in the common wall. The floor of the clothing store was covered with a dust similar to that found on defendant, ostensibly gypsum dust. Under these circumstances, we think the evidence presented, albeit circumstantial, was sufficient to establish defendant’s guilt beyond a reasonable doubt. Concur—Sullivan, J. P., Wallach, Asch and Smith, JJ.

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Bluebook (online)

172 A.D.2d 275, 568 N.Y.S.2d 98, 1991 N.Y. App. Div. LEXIS 4583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcdonald-nyappdiv-1991.