People v. Czerminski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
. Judgment affirmed. Memorandum: This appeal from a conviction for burglary, third degree (Penal Law, § 140.20), arises from an incident in which defendant, a police officer, while on duty and investigating what appeared to be a warehouse break-in, misappropriated two shovels and six driveway sealer applicators, worth about $10. We reject defendant’s contention that his conviction must be reversed for failure of proof of a necessary element of the crime — viz., that he knowingly entered or remained unlawfully in or upon the premises — because his presence on the premises was privileged.…
2Cases cited6 opinions
- McGee v. Adams Paper & Twine Co.Appellate Division of the Supreme Court of the State of New York · 1966
- McGee v. Adams Paper & Twine Co.New York Court of Appeals · 1967
- People v. BrownNew York Court of Appeals · 1969
- People v. PowellNew York Court of Appeals · 1983
- Beedenbender v. Midtown Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
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3Cited by16 opinions
- State v. KrethSupreme Court of Vermont · 1988
- People v. HutchinsonNew York Supreme Court · 1984
- Ippolito v. MeiselDistrict Court, S.D. New York · 1997
- People v. TrujilloColorado Court of Appeals · 1987
- Hicks v. City of BuffaloCourt of Appeals for the Second Circuit · 2004
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