People v. Battle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The proof is legally sufficient to support defendant’s conviction for burglary in the third degree and criminal mischief in the fourth degree. Contrary to defendant’s assertion, there is no requirement that the owner of the burglarized premises testify that he did not give defendant permission to enter. Evidence of entry into the tavern at 2:30 a.m. by breaking its front window, the acts committed inside the tavern, and the tavern manager’s testimony that defendant was not given permission to enter the tavern, or to take money therefrom, provided…
2Cases cited7 opinions
- People v. BorreroNew York Court of Appeals · 1970
- People v. BlackmanAppellate Division of the Supreme Court of the State of New York · 1985
- People v. HuntAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DawsonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. StaffordAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by7 opinions
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2011
- Commonwealth v. ZambelliSuperior Court of Pennsylvania · 1997
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Arel J.Appellate Division of the Supreme Court of the State of New York · 2016
- Omar Anderson v. Earl BellDistrict Court, S.D. New York · 2026
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