People v. Walaski

Appellate Division of the Supreme Court of New York

People v. Walaski

136 A.D.2d 908, 525 N.Y.S.2d 159, 1988 N.Y. App. Div. LEXIS 1342

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

DecidedJanuary 29, 1988

StatusPublished

This text of 136 A.D.2d 908 (People v. Walaski) 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. Walaski, 136 A.D.2d 908, 525 N.Y.S.2d 159, 1988 N.Y. App. Div. LEXIS 1342 (N.Y. Ct. App. 1988).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that proof of intent to commit a crime in the premises he had broken into was legally insufficient and, therefore, he should have been convicted only of criminal trespass rather than burglary. The jury was instructed that it could consider burglary as charged in the indictment or the lesser included crime of criminal trespass, and the issue of intent was properly left to the jury to resolve (cf., People v Henderson, 41 NY2d 233). (Appeal from judgment of Cattaraugus County Court, Kelly, J.—burglary, third degree.) Present—Dillon, P. J., Green, Pine, Balio and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that proof of intent to commit a crime in the premises he had broken into was legally insufficient and, therefore, he should have been convicted only of criminal trespass rather than burglary. The jury was instructed that it could consider burglary as charged in the indictment or the lesser included crime of criminal trespass, and the issue of intent was properly left to the jury to resolve (cf., People v Henderson, 41 NY2d 233). (Appeal from judgment of Cattaraugus County Court, Kelly, J.—burglary, third degree.) Present—Dillon, P. J., Green, Pine, Balio and Lawton, JJ.

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Bluebook (online)

136 A.D.2d 908, 525 N.Y.S.2d 159, 1988 N.Y. App. Div. LEXIS 1342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walaski-nyappdiv-1988.