People v. Taylor

Appellate Division of the Supreme Court of New York

People v. Taylor

15 A.D.2d 962, 226 N.Y.S.2d 634, 1962 N.Y. App. Div. LEXIS 10819

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

DecidedMarch 26, 1962

StatusPublished

This text of 15 A.D.2d 962 (People v. Taylor) 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. Taylor, 15 A.D.2d 962, 226 N.Y.S.2d 634, 1962 N.Y. App. Div. LEXIS 10819 (N.Y. Ct. App. 1962).

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Opinion

In our opinion, defendant’s guilt under the first count was established beyond a reasonable doubt. There was ample proof to sustain the finding, implicit in the jury’s verdict, that he broke into the premises and that he did so with intent to commit the crime of larceny (cf. People ex rel. Stevens v. Jackson, 283 App. Div. 3, 6-7). We are also of the opinion that the record sufficiently established that the police officer, in arresting defendant, had probable cause to do so (cf. Draper v. United States, 358 U. S. 307) and that the subsequent search and seizure were therefore lawful (cf. United States v. Di Re, 332 U. S. 581). While we do not approve the comments of the prosecutor during his summation, under all the circumstances they do not require reversal (Code Crim. Pro., § 542). Neither is reversal required by reason of alleged errors in the charge, to which no exceptions -were taken, in view of the overwhelming proof of defendant’s guilt under the first count of the indictment. However, defendant’s conviction under the second count of the indictment may not be sustained. Such conviction is not supported by the evidence adduced; we find no proof in the record that defendant broke out of the premises as alleged in the indictment (cf. People v. Krevoff, 11 A D 2d 1053). We have considered defendant’s other contentions and find them untenable. Beldock, P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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In our opinion, defendant’s guilt under the first count was established beyond a reasonable doubt. There was ample proof to sustain the finding, implicit in the jury’s verdict, that he broke into the premises and that he did so with intent to commit the crime of larceny (cf. People ex rel. Stevens v. Jackson, 283 App. Div. 3, 6-7). We are also of the opinion that the record sufficiently established that the police officer, in arresting defendant, had probable cause to do so (cf. Draper v. United States, 358 U. S. 307) and that the subsequent search and seizure were therefore lawful (cf. United States v. Di Re, 332 U. S. 581). While we do not approve the comments of the prosecutor during his summation, under all the circumstances they do not require reversal (Code Crim. Pro., § 542). Neither is reversal required by reason of alleged errors in the charge, to which no exceptions -were taken, in view of the overwhelming proof of defendant’s guilt under the first count of the indictment. However, defendant’s conviction under the second count of the indictment may not be sustained. Such conviction is not supported by the evidence adduced; we find no proof in the record that defendant broke out of the premises as alleged in the indictment (cf. People v. Krevoff, 11 A D 2d 1053). We have considered defendant’s other contentions and find them untenable. Beldock, P. J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

15 A.D.2d 962, 226 N.Y.S.2d 634, 1962 N.Y. App. Div. LEXIS 10819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taylor-nyappdiv-1962.

Opinion

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