Legal Opinion

People v. Burns

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

Decided October 7, 1992PublishedCited by 11 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. KingNew York Court of Appeals · 1984
  3. People v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. FloydAppellate Division of the Supreme Court of the State of New York · 1991
  5. 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

  1. People v. EvansAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. GrayAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. KerceAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. LathropAppellate Division of the Supreme Court of the State of New York · 1997
  5. 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.

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