People v. Bowens
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that the verdict finding defendant guilty of two counts of burglary in the first degree (Penal Law § 140.30 [2], [3]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). There is no merit to defendant’s contention that his conviction of assault in the second degree (Penal Law § 120.05 [2]) must be reversed because it is an inclusory concurrent offense of burglary in the first degree under Penal Law § 140.30 (2) (see, People v Graham, 127 AD2d 443, 446; cf, People v Jordan,…
2Cases cited4 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 1987
- People v. JordanAppellate Division of the Supreme Court of the State of New York · 1983