Legal Opinion

People v. Burnett

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

Decided June 27, 1994PublishedCited by 9 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered May 6, 1993, convicting her of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the 15-year-old defendant’s *793guilt of felony murder based on the underlying felony of burglary in the second degree (see, Penal Law §§ 30.00, 140.25; People v Johnson, 185 AD2d 860; cf., People v Smith,…

2Cases cited5 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GainesNew York Court of Appeals · 1989
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. DeLarosaAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by9 opinions

  1. People v. MartinAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. KlosinAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. WinkfieldAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. AcostaAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. LapanAppellate Division of the Supreme Court of the State of New York · 2001

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