People v. Palazzolo

Appellate Division of the Supreme Court of New York

People v. Palazzolo

125 A.D.2d 610, 509 N.Y.S.2d 781, 1986 N.Y. App. Div. LEXIS 62900

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

DecidedDecember 22, 1986

StatusPublished

This text of 125 A.D.2d 610 (People v. Palazzolo) 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. Palazzolo, 125 A.D.2d 610, 509 N.Y.S.2d 781, 1986 N.Y. App. Div. LEXIS 62900 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered February 28, 1985, convicting him of attempted burglary in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the proof adduced at bar was sufficient to permit the inference to be drawn that the defendant’s entry into the complainant’s dwelling was effectuated with intent to commit a crime therein (see, People v Barnes, 50 NY2d 375, 381; People v Mackey, 49 NY2d 274, 280; Penal Law § 140.25 [1] [d]). Moreover, under the circumstances of this case, the sentence imposed was neither harsh nor excessive. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered February 28, 1985, convicting him of attempted burglary in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the proof adduced at bar was sufficient to permit the inference to be drawn that the defendant’s entry into the complainant’s dwelling was effectuated with intent to commit a crime therein (see, People v Barnes, 50 NY2d 375, 381; People v Mackey, 49 NY2d 274, 280; Penal Law § 140.25 [1] [d]). Moreover, under the circumstances of this case, the sentence imposed was neither harsh nor excessive. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.

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Bluebook (online)

125 A.D.2d 610, 509 N.Y.S.2d 781, 1986 N.Y. App. Div. LEXIS 62900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-palazzolo-nyappdiv-1986.

Opinion

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