Legal Opinion
People v. Cajigas
New York Court of Appeals
Decided October 23, 2012PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this case involving the violation of an order of protection, we consider whether the mens rea element of burglary may be satisfied by an intent to commit an act that would not be illegal in the absence of the order.
In 2005, defendant Norman Cajigas moved into the apartment where his paramour, Maria, resided with her teenage daughter. He eventually became physically abusive toward the woman and moved out of the dwelling in October 2006. Defendant soon began to stalk Maria on a virtually daily basis. This behavior escalated to a physical assault in November…
2Cases cited5 opinions
- People v. MahboubianNew York Court of Appeals · 1989
- People v. LewisNew York Court of Appeals · 2005
- People v. MattocksNew York Court of Appeals · 2009
- People v. VanDeWalleAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GilboAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by30 opinions
- People v. WomackAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of P. David Soares v. William A. CarterNew York Court of Appeals · 2015
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ReibelAppellate Division of the Supreme Court of the State of New York · 2020
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