[Download] "People v. Rocky Mitchell" by Appellate Division, Fourth Department, New York Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: People v. Rocky Mitchell
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of burglary in the second degree (Penal Law §140.25 [2]) and criminal impersonation in the second degree (Penal Law §190.25 [2]). There is no merit to the contention of defendant that his conviction of burglary in the second degree is not supported by legally sufficient evidence of an unlawful entry or his intent to commit a crime therein. The unlawful entry was established by proof that defendant gained entry to the victims home by means of deception, trickery or misrepresentation (see, People v Johnson, 190 AD2d 503, 504, affd 82 NY2d 683; People v Thompson, 116 AD2d 377, 380-381; see generally, People v Graves, 76 NY2d 16, 20-21). Defendants intent to commit a crime may be inferred from the circumstances of the entry, from defendants unexplained or unauthorized presence on the premises and from defendants actions and assertions when confronted by the police or the owner (see, People v Gates, 170 AD2d 971, 971-972, lv denied 78 NY2d 922; see generally, People v Mackey, 49 NY2d 274, 280).