Legal Opinion

People v. Bender

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

Decided November 19, 1997PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: We conclude that defendant’s conviction of burglary in the second degree (Penal Law § 140.25 [2]) is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The record establishes that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 146-147). We further conclude that *911Supreme Court properly denied defendant’s request for a missing witness charge. Because that request was made after the close of the proof, it was untimely (see, People v Asphill,…

2Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. GonzalezNew York Court of Appeals · 1986
  4. People v. CatoeAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. AsphillAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by3 opinions

  1. People v. RosarioAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. WeathersbyAppellate Division of the Supreme Court of the State of New York · 1998

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