From Casetext: Smarter Legal Research

People v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1984
103 A.D.2d 1011 (N.Y. App. Div. 1984)

Opinion

July 13, 1984

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Hancock, Jr., J.P., Doerr, Denman, Green and Moule, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction for burglary, third degree, arising out of an entry into an occupied building. We find no merit to his contention that there was insufficient proof of his intention to commit a crime within the building. Intention to commit a crime may be inferred from proof of circumstances surrounding the entry such as the evidence adduced here that the entry was forced (see, e.g., People v. Barnes, 50 N.Y.2d 375; People v. Mackey, 49 N.Y.2d 274; People v. Terry, 43 A.D.2d 875). Nor do we find any abuse of discretion in the court's denial of defendant's request for an adjournment to retain counsel. We do not find the sentence excessive.


Summaries of

People v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1984
103 A.D.2d 1011 (N.Y. App. Div. 1984)
Case details for

People v. Anderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUFUS ANDERSON…

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

Date published: Jul 13, 1984

Citations

103 A.D.2d 1011 (N.Y. App. Div. 1984)

Citing Cases

People v. Terry

We would also find that the prosecutor's comments, which merely restated certain facts set forth during the…

People v. Sheirod

We conclude, therefore, that the absence of occupants was temporary; that the residence was "usually…