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People v. Polanco

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 276 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Supreme Court, New York County (Allen Alpert, J.).


Defendant was convicted of burglary on evidence that he stole soda from a pushcart stored in a Manhattan garage. On appeal, he argues that the People, by failing to call the owner of the cart to testify at trial, did not establish a larceny, and consequently, had not proven defendant's intent to commit a crime as an element of burglary. The garage attendant, however, did testify, and he qualified as an "owner" within the meaning of Penal Law § 155.00 (5). His testimony that defendant was not authorized to remove the sodas was consequently sufficient to prove larcenous intent.

Concur — Sullivan, J.P., Wallach, Asch and Smith, JJ.


Summaries of

People v. Polanco

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 276 (N.Y. App. Div. 1991)
Case details for

People v. Polanco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO POLANCO…

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

Date published: Apr 11, 1991

Citations

172 A.D.2d 276 (N.Y. App. Div. 1991)
568 N.Y.S.2d 378