Legal Opinion
People v. Graves
New York Court of Appeals
Decided May 3, 1990PublishedCited by 71 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The primary issue in this appeal is whether the trial court properly charged that the "enter or remain unlawfully” element of the crime of burglary may be satisfied by proof that the defendant harbored a secret intent to commit a crime within the premises. We conclude that the instruction was erroneous in that it merged two entirely separate elements— entering unlawfully and acting with the intent to commit a crime. Consequently, since the instruction on burglary was necessary to the jury’s consideration of the felony murder charge against appellant, his…
2Cases cited15 opinions
- People v. GoodfriendNew York Court of Appeals · 1984
- People v. GainesNew York Court of Appeals · 1989
- People v. RussellNew York Court of Appeals · 1934
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- People v. BrownNew York Court of Appeals · 1969
10 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Ligon v. City of New YorkDistrict Court, S.D. New York · 2013
- People v. CastonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. DombrowskiAppellate Division of the Supreme Court of the State of New York · 2011
- State v. SmithSupreme Court of Louisiana · 1999
- People v. GlandaAppellate Division of the Supreme Court of the State of New York · 2004
66 more not listed; retrieve them via the Exa API.