People v. Red

Appellate Division of the Supreme Court of New York

People v. Red

14 A.D.3d 465, 788 N.Y.S.2d 385, 2005 N.Y. App. Div. LEXIS 591

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 2005·Published

Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 14, 2003, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3x/2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. The element of entry into premises with intent to commit a crime therein was established by credible evidence warranting the conclusion that defendant ransacked the store in question (see People v Wilson, 203 AD2d 211 [1994], lv denied 84 NY2d 835 [1994]).

The court adequately instructed the jury on the requirement of entry with intent to commit a crime (see People v Gaines, 74 NY2d 358, 362 [1989]).

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Saxe, Ellerin, Sweeny and Catterson, JJ.

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Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 14, 2003, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3x/2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. The element of entry into premises with intent to commit a crime therein was established by credible evidence warranting the conclusion that defendant ransacked the store in question (see People v Wilson, 203 AD2d 211 [1994], lv denied 84 NY2d 835 [1994]).

The court adequately instructed the jury on the requirement of entry with intent to commit a crime (see People v Gaines, 74 NY2d 358, 362 [1989]).

We perceive no basis for reducing the sentence. Concur— Andrias, J.P., Saxe, Ellerin, Sweeny and Catterson, JJ.

People v. Red, 14 A.D.3d 465, 788 N.Y.S.2d 385, 2005 N.Y. App. Div. LEXIS 591 (N.Y. Ct. App. 2005).

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Opinion

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