People v. Reilly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered May 10, 1985, convicting him of burglary in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
In a burglary case, the element of intent to commit a crime within the building unlawfully entered must normally be proven by circumstantial evidence, since it is unusual that a perpetrator will openly declare his intent to commit a crime (see, People v Barnes, 50 NY2d 375, 381; People v Parker, 125 *650AD2d 340).…
2Cases cited7 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BarnesNew York Court of Appeals · 1980
- People v. AikenNew York Court of Appeals · 1978
- People v. LaneNew York Court of Appeals · 1983
- People v. MorrisNew York Court of Appeals · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. ChangAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WindleyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GattoAppellate Division of the Supreme Court of the State of New York · 1989
- People v. CrippenAppellate Division of the Supreme Court of the State of New York · 1993
- People v. TurnerAppellate Division of the Supreme Court of the State of New York · 1999
3 more not listed; retrieve them via the Exa API.