People v. Roth

Appellate Division of the Supreme Court of New York

People v. Roth

197 A.D.2d 916, 604 N.Y.S.2d 862, 1993 N.Y. App. Div. LEXIS 9384

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

DecidedOctober 1, 1993

StatusPublished

This text of 197 A.D.2d 916 (People v. Roth) 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. Roth, 197 A.D.2d 916, 604 N.Y.S.2d 862, 1993 N.Y. App. Div. LEXIS 9384 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), is sufficient to support defendant’s conviction of burglary in the first degree and assault in the second degree. The trial court properly refused defendant’s request to charge criminal trespass in the second degree as a lesser included offense of burglary in the first degree (see, People v Blim, 63 NY2d 718). Defendant was not deprived of a fair trial by prosecutorial misconduct (see, People v Galloway, 54 NY2d 396; People v Plant, 138 AD2d 968, lv denied 71 NY2d 1031). (Appeal from Judgment of Genesee County Court, Morton, J. —Burglary, 1st Degree.) Present—Denman, P. J., Green, Law-ton, Fallon and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), is sufficient to support defendant’s conviction of burglary in the first degree and assault in the second degree. The trial court properly refused defendant’s request to charge criminal trespass in the second degree as a lesser included offense of burglary in the first degree (see, People v Blim, 63 NY2d 718). Defendant was not deprived of a fair trial by prosecutorial misconduct (see, People v Galloway, 54 NY2d 396; People v Plant, 138 AD2d 968, lv denied 71 NY2d 1031). (Appeal from Judgment of Genesee County Court, Morton, J. —Burglary, 1st Degree.) Present—Denman, P. J., Green, Law-ton, Fallon and Boehm, JJ.

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Bluebook (online)

197 A.D.2d 916, 604 N.Y.S.2d 862, 1993 N.Y. App. Div. LEXIS 9384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roth-nyappdiv-1993.

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