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People v. Lanham

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 563 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

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


Ordered that the judgment is affirmed.

The defendant contends that the evidence adduced at trial is legally insufficient to support his conviction for burglary in the first degree because the People failed to prove that he broke into the victim's apartment with the intent to commit a crime therein and the People failed to prove that he caused physical injury to the victim in effecting entry, while in her apartment, or in immediate flight therefrom.

The defendant followed an approximately 70-year-old woman home late at night and forced his way into her apartment. Once inside, he threw her up against the sliding panel of a closet door with such force that the panel was knocked off its track. He then picked her up and threw her outside where he sexually abused her and dragged her, kicking and screaming, around the yard. Under the circumstances of this case, the proof permitted the inference to be drawn that the defendant's entry into the victim's apartment was effectuated with the intent to commit a crime therein (see, People v. King, 61 N.Y.2d 550; People v. Barnes, 50 N.Y.2d 375, 381; People v. Cullum, 123 A.D.2d 397). Moreover, the jury could properly find that the defendant caused physical injury to the victim "in effecting entry [into her apartment] or while in the dwelling or immediate flight therefrom" (Penal Law § 140.30).

The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or do not warrant reversal. Brown, J.P., Kooper, Harwood and Miller, JJ., concur.


Summaries of

People v. Lanham

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 563 (N.Y. App. Div. 1991)
Case details for

People v. Lanham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD H. LANHAM…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 563 (N.Y. App. Div. 1991)
567 N.Y.S.2d 888