People v. Gilligan

Memorandum. The order of the Appellate Division should be affirmed.

We reject defendant’s contention that there was insufficient evidence to sustain the jury’s verdict finding him guilty of the reduced charge of attempted burglary in the third degree. Defendant and another person were observed breaking in the front door of a liquor store in the early morning hours of Thursday, January 9, 1975. That defendant intended to commit a crime on entering the building—a necessary element of the crime of burglary in the third degree (Penal Law, § 140.20) —could be inferred beyond a reasonable doubt from…