Legal Opinion

People v. Tamayo

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

Decided April 2, 2013Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered November 13, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of 3x/2 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence supports the inference that when defendant broke two reinforced glass doors in order to gain entry into secured portions of an apartment building, he did so with the intent to commit a crime…

2Cases cited7 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. MalloyNew York Court of Appeals · 1982
  3. People v. RayamNew York Court of Appeals · 2000
  4. People v. SantiNew York Court of Appeals · 2004
  5. People v. SmallsAppellate Division of the Supreme Court of the State of New York · 2012

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