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People v. Agostinello

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1993
191 A.D.2d 639 (N.Y. App. Div. 1993)

Opinion

March 22, 1993

Appeal from the County Court, Suffolk County (Mallon, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The record reveals that the defendant was found in the complainant's house with her hand inside the complainant's cosmetology bag. The bag included five or six zippers which had been closed when the complainant went to sleep. Although the front door was not locked, the complainant testified that the door was closed and the defendant did not have permission to enter the house. Under the circumstances, the court could have drawn the inference that the defendant knowingly made an unlawful entry with the intent to commit a crime (see, People v. Ryan, 180 A.D.2d 769; People v. Barnes, 50 N.Y.2d 375, 381). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

We have reviewed the defendant's remaining contention and find it to be without merit. Bracken, J.P., Lawrence, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Agostinello

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1993
191 A.D.2d 639 (N.Y. App. Div. 1993)
Case details for

People v. Agostinello

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHELLE AGOSTINELLO…

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

Date published: Mar 22, 1993

Citations

191 A.D.2d 639 (N.Y. App. Div. 1993)
595 N.Y.S.2d 226

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