Legal Opinion
People v. Hirniak
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 1986PublishedCited by 3 opinions
1Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (McMahon, J.), rendered November 22, 1984, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
*730Judgment modified, on the law, by reducing the conviction of burglary in the second degree to one of burglary in the third degree and by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Westchester County, for resentence.
The evidence at bar discloses that the defendant was openly clutching a knife as he ran towards an…
2Cases cited5 opinions
- People v. CwiklaNew York Court of Appeals · 1979
- People v. CarterNew York Court of Appeals · 1981
- People v. CwiklaAppellate Division of the Supreme Court of the State of New York · 1977
- People v. CastaldoAppellate Division of the Supreme Court of the State of New York · 1979
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by3 opinions
- Davis v. City of New YorkDistrict Court, S.D. New York · 2005
- People v. AyusoAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MasonAppellate Division of the Supreme Court of the State of New York · 2011