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People v. Linares

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 2001
286 A.D.2d 629 (N.Y. App. Div. 2001)

Opinion

September 20, 2001.

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered October 6, 2000, convicting defendant, after a jury trial, of burglary in the second degree and assault in the second degree, and sentencing him to concurrent terms of 6 years, unanimously affirmed.

Before: Sullivan, P.J. Mazzarelli, Ellerin, Wallach and Lerner, JJ.


The verdict was not against the weight of the evidence. Defendant's larcenous intent could be readily inferred from the circumstances, including defendant's behavior when confronted by the complainant (see, People v. Castillo, 47 N.Y.2d 270, 278). Furthermore, defendant's argument that the assault conviction was tainted by the burglary conviction is without merit; the evidence supporting this criminal act is both separate and overwhelming.

We perceive no basis for reduction of sentence.

This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.


Summaries of

People v. Linares

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 2001
286 A.D.2d 629 (N.Y. App. Div. 2001)
Case details for

People v. Linares

Case Details

Full title:PEOPLE, Respondent, v. ANDRES LINARES, Defendants-Appellants

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

Date published: Sep 20, 2001

Citations

286 A.D.2d 629 (N.Y. App. Div. 2001)
730 N.Y.S.2d 107