People v. Martinez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling and with intent to commit a crime therein causes physical injury to any person who is not a participant in the crime (Penal Law § 140.30 [2]). Defendant clearly is guilty of burglary in the first degree, but since there was but one entry he can only be convicted of one count of burglary. We, therefore, must reverse his conviction on the second count of burglary (People…
2Cases cited8 opinions
- People v. LawrenceNew York Court of Appeals · 1984
- People v. JordanNew York Court of Appeals · 1984
- People v. WhisbyNew York Court of Appeals · 1979
- People v. AdamsNew York Court of Appeals · 1976
- People v. PerrinAppellate Division of the Supreme Court of the State of New York · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. AaronsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1991
- People v. LarryAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BrinsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SillawayAppellate Division of the Supreme Court of the State of New York · 1988
2 more not listed; retrieve them via the Exa API.