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People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 674 (N.Y. App. Div. 1991)

Opinion

July 12, 1991

Appeal from the Supreme Court, Erie County, Rossetti, J.

Present — Doerr, J.P., Green, Pine, Balio and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: The verdict, following a nonjury trial, convicting defendant of second degree burglary is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The People established that defendant broke into the complainant's apartment, brandished a knife, threatened to kill her and attempted to escape when the police arrived. Defendant's intent to commit a crime at the time of his entry (see, People v Gaines, 74 N.Y.2d 358) can be inferred from the surrounding circumstances (see, People v Middleton, 140 A.D.2d 550, lv denied 72 N.Y.2d 959; People v Bull, 136 A.D.2d 929, lv denied 71 N.Y.2d 966; People v Johnson, 115 A.D.2d 136, lv denied 67 N.Y.2d 762).


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 674 (N.Y. App. Div. 1991)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. WALKER…

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

Date published: Jul 12, 1991

Citations

175 A.D.2d 674 (N.Y. App. Div. 1991)
573 N.Y.S.2d 940

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