People v. Konikov
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*147OPINION OF THE COURT
Kooper, J.
The question to be answered on appeal is whether the People established the defendant’s guilt of burglary in the second degree beyond a reasonable doubt. For the reasons that follow, we conclude that they did not.
I
On Friday, May 23, 1986, at approximately 9:30 p.m., the defendant, a member of the orthodox Lubavitch community, arrived at the Brooklyn apartment house of his stepmother, Felicia Konikov,1 also a Lubavitcher, and knocked on an outside door which opened into a small vestibule area. The vestibule was not part of Mrs. Konikov’s apartment, and the…
2Cases cited10 opinions
- People v. BarnesNew York Court of Appeals · 1980
- People v. BenzingerNew York Court of Appeals · 1974
- People v. GainesNew York Court of Appeals · 1989
- People v. CastilloNew York Court of Appeals · 1979
- People v. GravesNew York Court of Appeals · 1990
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3Cited by19 opinions
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BowenAppellate Division of the Supreme Court of the State of New York · 2005
- State v. DibleSupreme Court of Iowa · 1995
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2005
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