Legal Opinion

People v. Benjamin

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

Decided April 14, 1993Published

1Opinion of the Court

—Judgment unani*1057mously affirmed. Memorandum: Defendant contends that his conviction of burglary in the second degree and petit larceny is not supported by legally sufficient evidence. We disagree. Although the evidence was entirely circumstantial, viewing it in the light most favorable to the People (see, People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932; People v Contes, 60 NY2d 620, 621; People v Kennedy, 47 NY2d 196, 203), and assuming that the fact-finder credited the prosecution witnesses and drew all reasonable inferences in the prosecution’s favor, we conclude that the…

2Cases cited7 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. MaliziaNew York Court of Appeals · 1984
  4. People v. KennedyNew York Court of Appeals · 1979
  5. People v. BetancourtNew York Court of Appeals · 1986

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