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People v. Burgin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1106 (N.Y. App. Div. 1987)

Opinion

December 18, 1987

Appeal from the Erie County Court, Wolfgang, J.

Present — Dillon, P.J., Callahan, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: We conclude that the evidence, viewed in the light most favorable to the People and granting it all reasonable inferences, was legally sufficient to support defendant's convictions of grand larceny in the third degree and criminal possession of a weapon in the fourth degree (People v Way, 59 N.Y.2d 361, 365; People v Benzinger, 36 N.Y.2d 29, 32). Further, the trial court did not err in refusing to charge the jury that to convict defendant of grand larceny in the third degree, the People must establish that defendant intended to steal a firearm. The People need only establish that defendant stole property (Penal Law § 155.05) and that the property stolen was in fact within one of the categories specified in Penal Law former § 155.30. There is no requirement that the People prove defendant intended to steal a particular category of property (see, People v Magee, 98 A.D.2d 874).


Summaries of

People v. Burgin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1106 (N.Y. App. Div. 1987)
Case details for

People v. Burgin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BURGIN…

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

Date published: Dec 18, 1987

Citations

135 A.D.2d 1106 (N.Y. App. Div. 1987)

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