People of State of New York v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered January 28, 1994, convicting her of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review the issue of whether the People proved her intent to commit a burglary beyond a reasonable doubt (see, CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. AlvinoNew York Court of Appeals · 1987
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1993
- People v. VargasAppellate Division of the Supreme Court of the State of New York · 1995