Legal Opinion
People v. Uloth
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994PublishedCited by 11 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We reject the contentions of defendant that his conviction of sexual abuse in the first degree and assault in the third degree is not based on legally sufficient evidence and is against the weight of the evidence. We agree, however, with defendant that the People’s proof is insufficient to establish that he knowingly entered complainant’s premises unlawfully to sustain his conviction of burglary in the second degree (see, Penal Law § 140.25). " '[T]he intruder must be aware of the…
2Cases cited3 opinions
- People v. BaschNew York Court of Appeals · 1975
- People v. InsognaAppellate Division of the Supreme Court of the State of New York · 1982
- People v. ReedAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by11 opinions
- People v. DombrowskiAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AveniAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BethuneAppellate Division of the Supreme Court of the State of New York · 2009
- People v. TennantAppellate Division of the Supreme Court of the State of New York · 2001
- People v. PowellNew York Supreme Court · 1999
6 more not listed; retrieve them via the Exa API.