Legal Opinion
People v. Owens
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1994PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously reversed on the law, motion to reduce charge denied, first count of indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: The court erred in reducing the first count of the indictment, charging defendant with burglary in the second degree (Penal Law § 140.25 [2]), to criminal trespass in the second degree (Penal Law § 140.15). There was competent evidence presented to the Grand Jury that, if accepted as true, would establish every element of burglary in the second degree and defendant’s commission of that…
2Cases cited10 opinions
- People v. JenningsNew York Court of Appeals · 1986
- People v. MackeyNew York Court of Appeals · 1980
- People v. MikuszewskiNew York Court of Appeals · 1989
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 1989
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. AntonelliAppellate Division of the Supreme Court of the State of New York · 2002
- People v. FochlerAppellate Division of the Supreme Court of the State of New York · 1997
- People v. GipsonAppellate Division of the Supreme Court of the State of New York · 2024
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2000