Legal Opinion
People v. Curella
Appellate Division of the Supreme Court of the State of New York
Decided July 29, 2002PublishedCited by 15 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered May 18, 1998, convicting him of burglary in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the trial court committed reversible error when, in its charge on burglary in the first degree (see Penal Law § 140.30 [2]), it failed to redact the language “or remain [ed]” from the element, “enter [ed] or remain [ed] unlawfully.” This issue is unpreserved for appellate review (see CPL…
2Cases cited4 opinions
- People v. AbrewNew York Court of Appeals · 2000
- People v. FendersonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. LafondAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RumphNew York Court of Appeals · 1976
3Cited by15 opinions
- People v. MestresAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AliAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HollenquestAppellate Division of the Supreme Court of the State of New York · 2008
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2012
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