People v. Diaz

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 29, 1988 convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that because the jury acquitted him of robbery in the first degree, they necessarily concluded that the People failed to prove beyond a reasonable doubt that he threatened his aunt with a knife in order to gain entrance to her apartment. However, even if we were to adopt this line of reasoning, under no reasonable…