People v. Marshall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant’s conviction of burglary in the second degree is supported by legally sufficient evidence. Defendant’s recent and exclusive possession of the property that constituted the fruits of the burglary, and the absence of credible evidence that the crime was committed by someone else, justified the inference that defendant committed the burglary (see, People v Baskerville, 60 NY2d 374, 382-383; Knickerbocker v People, 43 NY 177; People v Costello, 162 AD2d 276, lv denied 76 NY2d 854; People v Alvarez, 116 AD2d 725, 726, lv denied 67 NY2d 880).…
2Cases cited5 opinions
- People v. BaskervilleNew York Court of Appeals · 1983
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- People v. ThorntonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1986
- People v. CostelloAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by8 opinions
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SessionAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CarmelAppellate Division of the Supreme Court of the State of New York · 2016
- CARMEL, KEITH E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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