Home/Appellate Division of the Supreme Court of New York/People v. Oberbeck

People v. Oberbeck

284 A.D.2d 957, 726 N.Y.S.2d 321, 2001 N.Y. App. Div. LEXIS 5914
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 8, 2001
StatusPublished

This text of 284 A.D.2d 957 (People v. Oberbeck) 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. Oberbeck, 284 A.D.2d 957, 726 N.Y.S.2d 321, 2001 N.Y. App. Div. LEXIS 5914 (N.Y. Ct. App. 2001).

Opinion

—Judgment unanimously affirmed. Memorandum: The evidence is legally sufficient to establish that the burglarized premises constituted a “dwelling” as defined in Penal Law § 140.00 (3) (see, Penal Law § 140.25 [2]; People v Hodgins, 277 AD2d 911; People v Windbush, 202 AD2d 527, 528, lv denied 83 NY2d 878; see generally, People v Quattlebaum, 91 NY2d 744, 746-748). The sentence is not unduly harsh or severe. (Appeal from Judgment of Ontario County Court, Harvey, J. — Burglary, 2nd Degree.) Present— Pigott, Jr., P. J., Pine, Wisner, Kehoe and Burns, JJ.

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Related

People v. Quattlebaum
698 N.E.2d 421 (New York Court of Appeals, 1998)
Adventist Home, Inc. v. Board of Assessors of Livingston
634 N.E.2d 972 (New York Court of Appeals, 1994)
People v. Windbush
202 A.D.2d 527 (Appellate Division of the Supreme Court of New York, 1994)
People v. Hodgins
277 A.D.2d 911 (Appellate Division of the Supreme Court of New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
284 A.D.2d 957, 726 N.Y.S.2d 321, 2001 N.Y. App. Div. LEXIS 5914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oberbeck-nyappdiv-2001.