People v. Miles

Appellate Division of the Supreme Court of New York

People v. Miles

85 A.D.2d 610, 444 N.Y.S.2d 678, 1981 N.Y. App. Div. LEXIS 16427

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

DecidedDecember 7, 1981

StatusPublished

Cited by2 cases

This text of 85 A.D.2d 610 (People v. Miles) 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. Miles, 85 A.D.2d 610, 444 N.Y.S.2d 678, 1981 N.Y. App. Div. LEXIS 16427 (N.Y. Ct. App. 1981).

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Opinion

Appeal by defendant from a judgment of the County Court, Nassau County (Fromer, J.), rendered June 18, 1980, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and this case is remitted to the County Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. Viewing the facts most favorably to the People (People v Benzinger, 36 NY2d 29, 32), we find that the evidence was insufficient to support the conviction of the crime of burglary in the second degree. (See Penal Law, § 140.25.) Defendant had had free access to the subject apartment by permission of the tenant-occupant. No evidence was adduced to show that such permission was ever revoked. Therefore, it was never proven beyond a reasonable doubt that at the time of the alleged offense defendant knowingly entered into, or remained upon, the premises when he was not licensed or privileged to do so. (See Penal Law, § 140.00, subd 5; § 140.25.) Accordingly, the conviction must be reversed and the indictment dismissed. Hopkins, J. P., Mangano, Rabin and Cohalan, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County (Fromer, J.), rendered June 18, 1980, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and this case is remitted to the County Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. Viewing the facts most favorably to the People (People v Benzinger, 36 NY2d 29, 32), we find that the evidence was insufficient to support the conviction of the crime of burglary in the second degree. (See Penal Law, § 140.25.) Defendant had had free access to the subject apartment by permission of the tenant-occupant. No evidence was adduced to show that such permission was ever revoked. Therefore, it was never proven beyond a reasonable doubt that at the time of the alleged offense defendant knowingly entered into, or remained upon, the premises when he was not licensed or privileged to do so. (See Penal Law, § 140.00, subd 5; § 140.25.) Accordingly, the conviction must be reversed and the indictment dismissed. Hopkins, J. P., Mangano, Rabin and Cohalan, JJ., concur.

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Bluebook (online)

85 A.D.2d 610, 444 N.Y.S.2d 678, 1981 N.Y. App. Div. LEXIS 16427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miles-nyappdiv-1981.

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