Legal Opinion
People v. Tingue
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1983PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
On his second trial defendant was convicted of burglary in the third degree for entering a. church and stealing its amplifier system. The first trial ended in a hung jury.
On this appeal from the judgment of conviction, defendant contends that, in both trials, there was insufficient evidence of unlawful entry and, therefore, the Trial Judge should have granted the defendant’s motions for trial orders of dismissal.
At both trials the church pastor testified that the doors of the church were open at all hours so that members of the public could come in to pray and…
2Cases cited4 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- People v. BrownNew York Court of Appeals · 1969
- Rafferty v. OwensAppellate Division of the Supreme Court of the State of New York · 1981
- People v. SegalCriminal Court of the City of New York · 1974
3Cited by13 opinions
- People v. DudaAppellate Division of the Supreme Court of the State of New York · 2007
- People v. CaseyAppellate Division of the Supreme Court of the State of New York · 2007
- People v. DannAppellate Division of the Supreme Court of the State of New York · 1984
- People v. KappenAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PawlowskiAppellate Division of the Supreme Court of the State of New York · 1986
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