People v. Mitchell

Appellate Division of the Supreme Court of New York

People v. Mitchell

149 A.D.2d 976, 540 N.Y.S.2d 111, 1989 N.Y. App. Div. LEXIS 6018

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

DecidedApril 14, 1989

StatusPublished

This text of 149 A.D.2d 976 (People v. Mitchell) 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. Mitchell, 149 A.D.2d 976, 540 N.Y.S.2d 111, 1989 N.Y. App. Div. LEXIS 6018 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree as a result of his having been discovered in a Buffalo department store after it had closed. Defendant testified that he had remained innocently in the store because he had suffered an epileptic seizure in a men’s room, but the People’s evidence showed that defendant was found hiding in a storage room in possession of items taken from the desk of a store employee. The verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). We have examined defendant’s other contention, and we find it to be without merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, third degree.) Presents-Den-man, J. P., Boomer, Pine, Lawton and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree as a result of his having been discovered in a Buffalo department store after it had closed. Defendant testified that he had remained innocently in the store because he had suffered an epileptic seizure in a men’s room, but the People’s evidence showed that defendant was found hiding in a storage room in possession of items taken from the desk of a store employee. The verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). We have examined defendant’s other contention, and we find it to be without merit. (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, third degree.) Presents-Den-man, J. P., Boomer, Pine, Lawton and Davis, JJ.

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Bluebook (online)

149 A.D.2d 976, 540 N.Y.S.2d 111, 1989 N.Y. App. Div. LEXIS 6018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mitchell-nyappdiv-1989.

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