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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1997
238 A.D.2d 130 (N.Y. App. Div. 1997)

Opinion

April 1, 1997


Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered May 4, 1995, convicting defendant, after a jury trial, of burglary in the third degree, grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 3 1/2 to 7 years, 2 to 4 years, 2 to 4 years and 1 year, respectively, unanimously affirmed.

Defendant's guilt of burglary in the third degree was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). The totality of the evidence established defendant's awareness of the unlicensed nature of his entry ( see, People v. Watson, 221 A.D.2d 264, lv denied 87 N.Y.2d 926; People v. Jenkins, 213 A.D.2d 279, lv denied 85 N.Y.2d 974).

Having raised only a general objection at trial, defendant's challenges to the prosecutor's comments during summation are not preserved for appellate review and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged remarks, when taken in context, did not improperly shift the burden of proof to defendant.

Concur — Milonas, J.P., Wallach, Nardelli and Tom, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1997
238 A.D.2d 130 (N.Y. App. Div. 1997)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODERICK JONES…

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

Date published: Apr 1, 1997

Citations

238 A.D.2d 130 (N.Y. App. Div. 1997)
655 N.Y.S.2d 944

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