People v. Freeman

Skelos, J.P.,

dissents and votes to affirm the judgment with the following memorandum: By convicting the defendant of burglary in the third degree (see Penal Law § 140.20), the jury implicitly found that, at the time the defendant entered the garage, he had an intent to commit a crime therein. In conducting its weight-of-the-evidence review, the majority has essentially determined that the jury’s finding in this regard was not “justified” (People v Danielson, 9 NY3d 342, 348 [2007]; see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]). However, based on the weight of the…