Legal Opinion

People v. Miller

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

Decided April 24, 1989PublishedCited by 4 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fertig, J.), rendered July 14, 1987, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence adduced at trial was legally insufficient to prove intent is without merit. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s intent. Since intent is subjective, it may be inferred from…

2Cases cited3 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. MackeyNew York Court of Appeals · 1980
  3. People v. RodriquezAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by4 opinions

  1. People v. LundquistAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. EzzoAppellate Division of the Supreme Court of the State of New York · 1995

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