Legal Opinion

People v. Red

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

Decided January 27, 2005Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 14, 2003, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3x/2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. The element of entry into premises with intent to commit a crime therein was established by credible…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. GainesNew York Court of Appeals · 1989
  3. Herbert v. Morgan Drive-A-Way, Inc.New York Court of Appeals · 1994
  4. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1994

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