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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 495 (N.Y. App. Div. 2000)

Opinion

Submitted February 14, 2000

March 30, 2000

Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered October 31, 1997, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.

Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt of attempted burglary in the second degree (see, Penal Law § 110.00, 140.25 Penal[2]) beyond a reasonable doubt (see, People v. Mitteager, 44 N.Y.2d 927 ; People v. Van Etten, 162 A.D.2d 976 ; People v. Crawford, 159 A.D.2d 583 ). 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 (see, CPL 470.15[5]).

The trial court properly refused to charge criminal trespass in the third degree as a lesser-included offense of attempted burglary in the second degree, since there is no reasonable view of the evidence that could lead to the conclusion that the defendant attempted unlawful entry into the premises for an innocent, rather than a criminal, purpose (see, People v. Rohena, 183 A.D.2d 859 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

BRACKEN, J.P., O'BRIEN, SULLIVAN, and LUCIANO, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 495 (N.Y. App. Div. 2000)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JESSE L. BROWN, appellant. (Ind. No…

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

Date published: Mar 30, 2000

Citations

270 A.D.2d 495 (N.Y. App. Div. 2000)
705 N.Y.S.2d 275

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