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People v. Ezzo

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 556 (N.Y. App. Div. 1995)

Opinion

March 20, 1995

Appeal from the County Court, Nassau County (Wexner, J.).


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial 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 of burglary in the second degree beyond a reasonable doubt. Although the defendant was not in possession of any items from the burglarized house at the time of his arrest, the reasonable inferences drawn from the evidence support the conclusion that he entered the home with the intent to commit a larceny. When more than one inference can be reasonably drawn from the evidence, upon appellate review, the People are entitled to the inference which supports the verdict (see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Rodriguez, 200 A.D.2d 775; People v. Miller, 149 A.D.2d 737). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

The defendant's remaining contention is not preserved for appellate review and, in any event, does not warrant reversal. Lawrence, J.P., Pizzuto, Joy and Altman, JJ., concur.


Summaries of

People v. Ezzo

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 556 (N.Y. App. Div. 1995)
Case details for

People v. Ezzo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND EZZO, Appellant

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

Date published: Mar 20, 1995

Citations

213 A.D.2d 556 (N.Y. App. Div. 1995)
624 N.Y.S.2d 914