Legal Opinion
People v. Insogna
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1982PublishedCited by 16 opinions
1Opinion of the Court
Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendant’s conviction of burglary in the second degree (Penal Law, § 140.25) must be reversed for failure of proof of a necessary element of the crime. In order to sustain a conviction of burglary, the People must prove that a defendant knowingly entered or remained unlawfully in or upon premises, i.e., that he was not licensed or privileged to be there (Penal Law, § 140.00, subd 5; People v Letko, 60 AD2d 661, revd on other grounds 47 NY2d 257). The evidence was…
2Cases cited4 opinions
- People v. BaschNew York Court of Appeals · 1975
- People v. MacerolaNew York Court of Appeals · 1979
- People v. BartonAppellate Division of the Supreme Court of the State of New York · 1962
- People v. LetkoAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by16 opinions
- People v. DombrowskiAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BorazzoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BellAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ReedAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RanieriAppellate Division of the Supreme Court of the State of New York · 1988
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