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People v. Middleton

Appellate Division of the Supreme Court of New York, First Department
May 12, 2005
18 A.D.3d 282 (N.Y. App. Div. 2005)

Opinion

6076.

May 12, 2005.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered January 5, 2004, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Before: Andrias, J.P., Sullivan, Gonzalez, Sweeny and Catterson, JJ. concur.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The evidence warrants the conclusion that defendant knew that he had been permanently prohibited from entering the store in question, and that he nevertheless entered the store with the contemporaneous intent to steal.


Summaries of

People v. Middleton

Appellate Division of the Supreme Court of New York, First Department
May 12, 2005
18 A.D.3d 282 (N.Y. App. Div. 2005)
Case details for

People v. Middleton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE MIDDLETON…

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

Date published: May 12, 2005

Citations

18 A.D.3d 282 (N.Y. App. Div. 2005)
794 N.Y.S.2d 642