Legal Opinion
People v. Clark
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 1979PublishedCited by 3 opinions
1Opinion of the Court
— Appeal from a judgment of the County Court of Albany County, rendered March 1, 1978, upon a verdict convicting defendant of the crime of burglary in the second degree. Initially, defendant contends that the evidence was insufficient to sustain the jury’s verdict, arguing that the People failed to carry their burden of proof on the issues of whether defendant entered the premises with the intent to commit a crime and whether his entry was unlawful (see Penal Law, § 140.25). There was testimony, however, that defendant and a codefendant entered the premises through the front door, which had…
2Cases cited9 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. DittmarAppellate Division of the Supreme Court of the State of New York · 1973
- People v. CaputoAppellate Division of the Supreme Court of the State of New York · 1961
- People v. HochbergAppellate Division of the Supreme Court of the State of New York · 1978
- People v. GilliganNew York Court of Appeals · 1977
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3Cited by3 opinions
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DudleyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. KitlitzAppellate Division of the Supreme Court of the State of New York · 1988