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People v. Oberbeck

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 957 (N.Y. App. Div. 2001)

Opinion

June 8, 2001.

(Appeal from Judgment of Ontario County Court, Harvey, J. — Burglary, 2nd Degree.)

PRESENT: PIGOTT, JR., P.J., PINE, WISNER, KEHOE AND BURNS, JJ.


Judgment unanimously affirmed.

Memorandum:

The evidence is legally sufficient to establish that the burglarized premises constituted a "dwelling" as defined in Penal Law § 140.00 (3) ( see, Penal Law § 140.25; People v. Hodgins, 277 A.D.2d 911; People v. Windbush, 202 A.D.2d 527, 528, lv denied 83 N.Y.2d 878; see generally, People v. Quattlebaum, 91 N.Y.2d 744, 746-748). The sentence is not unduly harsh or severe.


Summaries of

People v. Oberbeck

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 957 (N.Y. App. Div. 2001)
Case details for

People v. Oberbeck

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOHN OBERBECK…

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

Date published: Jun 8, 2001

Citations

284 A.D.2d 957 (N.Y. App. Div. 2001)
726 N.Y.S.2d 321