From Casetext: Smarter Legal Research

People v. Kesick

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 964 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Erie County Court, Drury, J.

Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's argument that the evidence of intent is insufficient to support his conviction for burglary in the second degree. Defendant's intent to commit larceny can be inferred from the circumstances of the entry (see, People v. Woodard, 148 A.D.2d 997, 998, lv denied 74 N.Y.2d 749; People v. Caraballo, 138 A.D.2d 725, 726, lv denied 71 N.Y.2d 1024). We further conclude that the sentence is not harsh and excessive.


Summaries of

People v. Kesick

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 964 (N.Y. App. Div. 1990)
Case details for

People v. Kesick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD PETER KESICK…

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

Date published: Jun 22, 1990

Citations

162 A.D.2d 964 (N.Y. App. Div. 1990)
557 N.Y.S.2d 780