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People v. Alvarez

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1986
116 A.D.2d 725 (N.Y. App. Div. 1986)

Opinion

January 27, 1986

Appeal from the Supreme Court, Kings County (Rigler, J.).


Judgment affirmed.

The evidence was sufficient to establish defendant's guilt of the crime of burglary in the second degree beyond a reasonable doubt. Defendant's recent and exclusive possession of the fruits of the crime justified the inference that he had burglarized the premises in question (see, People v Baskerville, 60 N.Y.2d 374; Knickerbocker v People, 43 N.Y. 177). The testimony elicited from defendant, through which he attempted to explain his possession of the fruits of the crime, contained inconsistencies. We find that there was a reasonable basis upon which the jury could find that the provided explanation was false (see, People v Thornton, 104 A.D.2d 426).

The other contentions raised by defendant have been examined and found to be meritless. Lazer, J.P., Mangano, Brown and Lawrence, JJ., concur.


Summaries of

People v. Alvarez

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 1986
116 A.D.2d 725 (N.Y. App. Div. 1986)
Case details for

People v. Alvarez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ALVAREZ, Appellant

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

Date published: Jan 27, 1986

Citations

116 A.D.2d 725 (N.Y. App. Div. 1986)

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