People v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the prosecution (see, People v Ford, 66 NY2d 428), was legally sufficient to support defendant’s convictions for burglary in the second degree, petit larceny and assault in the second degree. An intent to commit larceny could be inferred from evidence that items were taken from the residence and from evidence of defendant’s flight therefrom (see, People v Mackey, 49 NY2d 274, 279-280), and the testimony of some prosecution witnesses, though inconsistent, was not incredible as a matter of law (see,…
2Cases cited9 opinions
- People v. AlvinoNew York Court of Appeals · 1987
- People v. BarnesNew York Court of Appeals · 1980
- People v. FordNew York Court of Appeals · 1985
- People v. DuncanNew York Court of Appeals · 1978
- People v. MaerlingNew York Court of Appeals · 1978
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3Cited by5 opinions
- People v. HobbsAppellate Division of the Supreme Court of the State of New York · 1992
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. WebsterAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WhitakerAppellate Division of the Supreme Court of the State of New York · 1993