People v. Vivenzio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Upon remittitur from the Court of Appeals, facts reviewed and judgment affirmed. Memorandum: The prosecution presented sufficient evidence to justify the jury’s finding that defendant attempted illegally to enter O’Toole’s Tavern with the intent to commit larceny therein. Defendant was apprehended in the doorway of the bar at 4:50 a.m. with burglar’s tools in his pockets. There was evidence of fresh pry marks around the lock on the door. Defendant’s intent may be inferred from the circumstances of the breaking and entering (People v Barnes, 50 NY2d 375; People v Wright, 92 AD2d 722; People…
2Cases cited7 opinions
- People v. BarnesNew York Court of Appeals · 1980
- People v. MackeyNew York Court of Appeals · 1980
- People v. HarperNew York Court of Appeals · 1979
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1974
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by17 opinions
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1996
- People v. DawsonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. CurtisAppellate Division of the Supreme Court of the State of New York · 1988
- People v. WongAppellate Division of the Supreme Court of the State of New York · 1990
- People v. NuhibianAppellate Division of the Supreme Court of the State of New York · 1994
12 more not listed; retrieve them via the Exa API.