Legal Opinion

People of State of New York v. Smith

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

Decided October 10, 1995Published

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. AlvinoNew York Court of Appeals · 1987
  3. People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. VargasAppellate Division of the Supreme Court of the State of New York · 1995

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