From Casetext: Smarter Legal Research

People v. Lafond

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 678 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

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


Ordered that the judgment is affirmed.

The defendant contends that the People's case rested solely on the theory that he had unlawfully entered into a dwelling, and thus it was reversible error for the court to charge the portion of Penal Law § 140.30 which imposes liability for "remain[ing] unlawfully" there (see, People v. Gaines, 74 N.Y.2d 358). This contention is unpreserved for appellate review (see, CPL 470.05; People v. Lipton, 54 N.Y.2d 340; People v. Crum, 175 A.D.2d 136).

In any event, the defendant's contention is without merit. Since the evidence permitted the jury to infer guilt under either theory, unlawful entry or unlawful remaining, the trial court properly charged the jury that it could determine guilt under either theory. Bracken, J.P., O'Brien, Santucci and Florio, JJ., concur.


Summaries of

People v. Lafond

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 678 (N.Y. App. Div. 1995)
Case details for

People v. Lafond

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMAINE LAFOND…

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 678 (N.Y. App. Div. 1995)
624 N.Y.S.2d 951

Citing Cases

People v. Noniashvili

The defendant contends that the People's case rested solely on the theory that he had unlawfully entered into…

People v. Mestres

However, since the defense counsel never objected to the charge, this contention is unpreserved for appellate…