Legal Opinion

People v. Semmler

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1987PublishedCited by 1 opinion

1Opinion of the Court

— Yesawich, Jr., J.

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered July 12, 1985, upon a verdict convicting defendant of the crime of burglary in the second degree.

At issue is whether the evidence offered at trial, entirely circumstantial in nature, was sufficient to sustain the verdict. Viewing the evidence in a light most favorable to the prosecution and drawing from it every reasonable inference (see, People v Way, 59 NY2d 361, 365), we conclude that defendant’s guilt was proven beyond a reasonable doubt.

The proof at trial established that defendant,…

2Cases cited3 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. BenzingerNew York Court of Appeals · 1974
  3. People v. WayNew York Court of Appeals · 1983

3Cited by1 opinion

  1. People v. PottsAppellate Division of the Supreme Court of the State of New York · 1993

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