From Casetext: Smarter Legal Research

People v. Handley

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 924 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Appeal from the Erie County Court, D'Amico, J.

Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the credible evidence fails to establish beyond a reasonable doubt defendant's guilt of second degree burglary and third degree robbery. With respect to the burglary conviction, the jury was entitled to credit the testimony of complainant that defendant had no license or privilege to enter her apartment (see, People v Graves, 76 N.Y.2d 16, 20). With respect to the robbery conviction, the proof establishes that defendant exercised "dominion and control [over complainant's identification cards] wholly inconsistent with the continued rights of the owner" (People v Olivo, 52 N.Y.2d 309, 318). Defendant's contention concerning the court's charge is unpreserved and we decline to reach it in the interest of justice (see, CPL 470.15). We find defendant's sentence neither harsh nor excessive.


Summaries of

People v. Handley

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 924 (N.Y. App. Div. 1994)
Case details for

People v. Handley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALPHONSO HANDLEY, Also…

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

Date published: Apr 15, 1994

Citations

203 A.D.2d 924 (N.Y. App. Div. 1994)
612 N.Y.S.2d 1009

Citing Cases

People v. Brown

Memorandum: We reject the contention that the evidence is legally insufficient to support defendant's…