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People v. Nelson

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1980
74 A.D.2d 909 (N.Y. App. Div. 1980)

Opinion

March 24, 1980


Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered April 21, 1977, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. On appeal, defendant argues that he was not properly convicted of burglary in the second degree, since the People did not prove beyond a reasonable doubt that the crime was committed "at night" (see Penal Law, § 140.25). However, this very same point was raised by the defendant's codefendant, William Earl Smith, on his appeal from a judgment of conviction for burglary in the second degree, and was specifically rejected by this court when it affirmed the latter's conviction (see People v. Smith, 62 A.D.2d 1043). We have examined all of the remaining points raised by defendant, including those raised pro se, and find them to be without merit. Hopkins, J.P., Damiani, Titone and Mangano, JJ., concur.


Summaries of

People v. Nelson

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1980
74 A.D.2d 909 (N.Y. App. Div. 1980)
Case details for

People v. Nelson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KARY NELSON, Appellant

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

Date published: Mar 24, 1980

Citations

74 A.D.2d 909 (N.Y. App. Div. 1980)