People v. Green
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered October 19, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years, unanimously affirmed.
Defendant was not prejudiced by the fact that the indictment charged him with both entering and remaining unlawfully, and by the court and prosecutor’s references to these mutually exclusive theories of burglary (see People v Gaines, 74 NY2d 358 [1989]) at early stages of the trial. The court’s final instructions conveyed…
2Cases cited10 opinions
- People v. Calbud, Inc.New York Court of Appeals · 1980
- People v. RomeroNew York Court of Appeals · 2006
- People v. GainesNew York Court of Appeals · 1989
- People v. PadroNew York Court of Appeals · 1990
- People v. BrownNew York Court of Appeals · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. GoldstonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. TammaroAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ConyersAppellate Division of the Supreme Court of the State of New York · 2023
- People v. ConyersAppellate Division of the Supreme Court of the State of New York · 2023
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 2022
3 more not listed; retrieve them via the Exa API.