Legal Opinion

People v. Reilly

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1987PublishedCited by 8 opinions

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

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BarnesNew York Court of Appeals · 1980
  3. People v. AikenNew York Court of Appeals · 1978
  4. People v. LaneNew York Court of Appeals · 1983
  5. People v. MorrisNew York Court of Appeals · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. ChangAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. WindleyAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. GattoAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. CrippenAppellate Division of the Supreme Court of the State of New York · 1993
  5. 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.

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