People v. Burns
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), the proof was sufficient to establish defendant’s entry into the victim’s apartment. Under Penal Law § 140.00 (5), the element of entry is established "when a person intrudes within a building, no matter how slightly, with any part of his or her body” (People v King, 61 NY2d 550, 555; see also, People v Fraticelli, 172 AD2d 622, 623, lv denied 77 NY2d 995; People v Bright, 162 AD2d 212, lv denied 76 NY2d 938).
*1016We reject defendant’s contention that the photo…
2Cases cited6 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. KingNew York Court of Appeals · 1984
- People v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1986
- People v. FloydAppellate Division of the Supreme Court of the State of New York · 1991
- People v. FraticelliAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 2016
- People v. GrayAppellate Division of the Supreme Court of the State of New York · 1992
- People v. KerceAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LathropAppellate Division of the Supreme Court of the State of New York · 1997
- People v. DreadAppellate Division of the Supreme Court of the State of New York · 1997
6 more not listed; retrieve them via the Exa API.