People v. Charles
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), rendered June 30, 1994, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was overwhelming evidence, including defendant’s own testimony, from which the jury could infer that defendant was aware that the employee bathroom in question was not a public area of the store. Defendant’s arguments based on People v Gaines (74 NY2d…
2Cases cited2 opinions
- People v. GainesNew York Court of Appeals · 1989
- People v. VargasNew York Court of Appeals · 1996
3Cited by2 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1997
- People v. LealAppellate Division of the Supreme Court of the State of New York · 2008