People v. Orange

Appellate Division of the Supreme Court of New York

People v. Orange

251 A.D.2d 238, 673 N.Y.S.2d 314, 1998 N.Y. App. Div. LEXIS 7714

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

DecidedJune 25, 1998

StatusPublished

Cited by2 cases

This text of 251 A.D.2d 238 (People v. Orange) 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. Orange, 251 A.D.2d 238, 673 N.Y.S.2d 314, 1998 N.Y. App. Div. LEXIS 7714 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered January 11, 1996, convicting defendant, after a jury trial, of burglary in the second degree and resisting arrest, and sentencing him, as a second violent felony offender, to concurrent prison terms of 4 to 8 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence, including the circumstances of the entry and defendant’s flight from the police, from which the jury could infer that defendant entered his neighbor’s apartment with the intent to commit a crime therein, while rejecting the implausible explanation suggested by the testimony of the defense witness (see, People v Barnes, 50 NY2d 375).

Since defendant received the minimum sentence authorized by law, his request for discretionary review of his sentence is meritless (CPL 470.20 [6]). Concur — Milonas, J. P., Ellerin, Nardelli, Rubin and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered January 11, 1996, convicting defendant, after a jury trial, of burglary in the second degree and resisting arrest, and sentencing him, as a second violent felony offender, to concurrent prison terms of 4 to 8 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence, including the circumstances of the entry and defendant’s flight from the police, from which the jury could infer that defendant entered his neighbor’s apartment with the intent to commit a crime therein, while rejecting the implausible explanation suggested by the testimony of the defense witness (see, People v Barnes, 50 NY2d 375).

Since defendant received the minimum sentence authorized by law, his request for discretionary review of his sentence is meritless (CPL 470.20 [6]). Concur — Milonas, J. P., Ellerin, Nardelli, Rubin and Andrias, JJ.

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Bluebook (online)

251 A.D.2d 238, 673 N.Y.S.2d 314, 1998 N.Y. App. Div. LEXIS 7714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-orange-nyappdiv-1998.

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