Legal Opinion

People v. Gates

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

Decided February 1, 1991PublishedCited by 16 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, after a bench trial, of third degree burglary and fourth degree criminal mischief arising out of his illegal entry into the Elks Club in Batavia, where he was apprehended by police at approximately 4:45 a.m. on April 9, 1988. Defendant contends that the circumstantial evidence is insufficient to support the trial court’s finding that, at the time of entry, he had the intent to commit a crime on the premises. We disagree. In burglary cases, the defendant’s intent to commit a crime within the premises…

2Cases cited10 opinions

  1. People v. BarnesNew York Court of Appeals · 1980
  2. People v. MackeyNew York Court of Appeals · 1980
  3. People v. GainesNew York Court of Appeals · 1989
  4. People v. WachowiczNew York Court of Appeals · 1968
  5. People v. GilliganNew York Court of Appeals · 1977

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People v. MullAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. BeatyAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. BergmanAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. NuhibianAppellate Division of the Supreme Court of the State of New York · 1994

11 more not listed; retrieve them via the Exa API.

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