People v. Long
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of burglary in the third degree is against the weight of the evidence because the People failed to establish that he knowingly entered the gas station unlawfully or that he entered with the contemporaneous intent to commit a crime therein (see, People v Graves, 76 NY2d 16; People v Gaines, 74 NY2d 358, 362). We disagree. The jury, faced with conflicting testimony, resolved the issue of credibility and rejected defendant’s claim (see, People v Christian [appeal No. 1], 139 AD2d 896, lv denied 71 NY2d 1024). Upon…
2Cases cited4 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GainesNew York Court of Appeals · 1989
- People v. GravesNew York Court of Appeals · 1990
- People v. ChristianAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by6 opinions
- People v. AyalaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. DowdallAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SalgadoAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BullAppellate Division of the Supreme Court of the State of New York · 1999
- People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1997
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