Legal Opinion
People v. Barney
New York Court of Appeals
Decided February 20, 2003PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Two questions are central to this appeal. First, was there legally sufficient evidence that the house defendant entered unlawfully was a dwelling within the meaning of Penal Law § 140.25 (2) when its sole occupant had passed away three days prior to the entry? Second, was defendant entitled to an instruction on the lesser included offense of third degree burglary? We conclude that the evidence was legally sufficient, and that defendant was not entitled to the chargedown.
On August 21, 1999, the only occupant of the subject premises died in a motorcycle accident.…
2Cases cited7 opinions
- People v. KinchenNew York Court of Appeals · 1983
- People v. Van NorstrandNew York Court of Appeals · 1995
- People v. SheirodAppellate Division of the Supreme Court of the State of New York · 1987
- People v. QuattlebaumNew York Court of Appeals · 1998
- Quinn v. . PeopleNew York Court of Appeals · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. HendricksCourt of Appeals for the Second Circuit · 2019
- People v. CummingsNew York Court of Appeals · 2011
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BarringerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CunninghamNew York Court of Appeals · 2004
41 more not listed; retrieve them via the Exa API.