Legal Opinion

People v. Vasquez

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

Decided October 18, 2004PublishedCited by 5 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered October 9, 2002, convicting him of burglary in the second degree, petit *644larceny, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was deprived of due process because the trial court did not instruct the jury that it could infer that he possessed stolen property without committing a burglary is unpreserved for appellate review (see CPL 470.05 [2]; People v Fernandez, 286 AD2d 444…

2Cases cited4 opinions

  1. People v. BaskervilleNew York Court of Appeals · 1983
  2. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. DouzeAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by5 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
  2. McClelland v. KirkpatrickDistrict Court, W.D. New York · 2011
  3. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. HeywardAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. HarringtonAppellate Division of the Supreme Court of the State of New York · 2006

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