People v. Riscen
221 A.D.2d 998, 634 N.Y.S.2d 276, 1995 N.Y. App. Div. LEXIS 13498
Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1995·Published
Opinion
—Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that the verdict is repugnant. The acquittals of petit larceny and criminal possession of stolen property do not conclusively negate an essential element of burglary in the second degree as that crime was charged (see, People v Tucker, 55 NY2d 1, rearg denied 55 NY2d 1039; People v Reckart, 163 AD2d 846) (Appeal from Judgment of Supreme Court, Erie County, Forma, J.—Burglary, 2nd Degree.) Present—Pine, J. P., Lawton, Wesley, Callahan and Doerr, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Riscen, 221 A.D.2d 998, 634 N.Y.S.2d 276, 1995 N.Y. App. Div. LEXIS 13498 (N.Y. Ct. App. 1995).
221 A.D.2d 998 (People v. Riscen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People v. Tucker
431 N.E.2d 617 (New York Court of Appeals, 1981)
People v. Reckart
163 A.D.2d 846 (Appellate Division of the Supreme Court of New York, 1990)