Legal Opinion
People v. Caraballo
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 1988PublishedCited by 9 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered November 17, 1986, convicting him of burglary in the second degree, criminal mischief in the fourth degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
*726In a burglary case, the element of intent to commit a crime within a building entered unlawfully must normally be proved by circumstantial evidence since it is rare that a perpetrator will openly declare his intent to commit a crime (People v Barnes, 50 NY2d 375, 381; People…
2Cases cited5 opinions
- People v. MalloyNew York Court of Appeals · 1982
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. BarnesNew York Court of Appeals · 1980
- People v. CastilloNew York Court of Appeals · 1979
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by9 opinions
- People v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1989
- People v. CurranAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SainAppellate Division of the Supreme Court of the State of New York · 2013
- People v. LideAppellate Division of the Supreme Court of the State of New York · 1993
- People v. GuzmanAppellate Division of the Supreme Court of the State of New York · 2014
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