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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 2005
17 A.D.3d 283 (N.Y. App. Div. 2005)

Opinion

5957.

April 28, 2005.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered July 5, 2000, convicting defendant, after a jury trial, of burglary in the second degree and three counts of criminal contempt in the first degree, and sentencing him, as a second felony offender, to a term of 7 years concurrent with three concurrent terms of 2 to 4 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Lisa Lewis of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Hilary Hassler of counsel), for respondent.

Before: Buckley, P.J., Sullivan, Ellerin, Williams and Catterson, JJ.


The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The jury could have reasonably inferred that defendant entered the victim's apartment with intent to commit a crime, particularly since there was credible evidence that defendant began to beat the victim immediately after his unlawful entry.

We perceive no basis for reducing the sentence.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 2005
17 A.D.3d 283 (N.Y. App. Div. 2005)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO GARCIA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 28, 2005

Citations

17 A.D.3d 283 (N.Y. App. Div. 2005)
794 N.Y.S.2d 27

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