Legal Opinion

People v. Montgomery

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

Decided November 21, 2003PublishedCited by 13 opinions

1Opinion of the Court

Appeal from a judgment of Erie County Court (Drury, J.), entered April 4, 2001, convicting defendant of, inter alia, burglary in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him of burglary in the second degree (Penal Law § 140.25 [2]) and criminal possession of stolen property in the fifth degree (§ 165.40). At a trial on both counts, the jury found defendant guilty of the possession count, but deadlocked on the burglary count. After County Court declared a…

2Cases cited4 opinions

  1. People v. BarneyNew York Court of Appeals · 2003
  2. People v. HarperNew York Court of Appeals · 1979
  3. People v. HartNew York Court of Appeals · 2003
  4. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by13 opinions

  1. People v. HenryAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. DailAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. DeFreitasAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. HabererAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. GoossensAppellate Division of the Supreme Court of the State of New York · 2012

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