People v. Salgado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that the conviction of burglary in the first degree (Penal Law § 140.30 [2]) is against the weight of the evidence because the People failed to establish that he knowingly remained unlawfully in the complainant’s apartment with the contemporaneous intent to commit a crime therein (see, People v Gaines, 74 NY2d 358, *861362) . Upon weighing the probative force of the conflicting testimony, we conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495; People v Long, 224 AD2d 949, lv…
2Cases cited6 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GainesNew York Court of Appeals · 1989
- People v. RayAppellate Division of the Supreme Court of the State of New York · 1998
- People v. Agrelo-TraviesoAppellate Division of the Supreme Court of the State of New York · 1999
- People v. LongAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by2 opinions
- People v. NixAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BullockAppellate Division of the Supreme Court of the State of New York · 2001