Legal Opinion

People v. Green

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

Decided October 20, 2005PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Cakpinello, J.

Following a jury trial, defendant was found guilty of burglary in the second degree stemming from an incident at his sister’s apartment on the afternoon of January 12, 2002.1 We agree with defendant’s contention that the evidence adduced at trial was legally insufficient to support the burglary conviction. The pertinent facts are as follows.

On the day in question, defendant attended a birthday party for his nephew at his sister’s apartment. Although the two siblings had an argument earlier that day, it is undisputed that he was welcome in her home that…

2Cases cited6 opinions

  1. People v. GainesNew York Court of Appeals · 1989
  2. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. KonikovAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. BowenAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1992

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

3Cited by8 opinions

  1. People v. BriggsAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. LeonardAppellate Division of the Supreme Court of the State of New York · 2011
  3. Lerwick v. KelseyAppellate Division of the Supreme Court of the State of New York · 2005
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. BeauvaisAppellate Division of the Supreme Court of the State of New York · 2013

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

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