6 Cited authorities

  1. People v. Bailey

    2009 N.Y. Slip Op. 4742 (N.Y. 2009)   Cited 23 times
    Vacating conviction for possession of a forged instrument where defendant knowingly possessed counterfeit $10 bills, because "drawing the inference of defendant's intent from his knowledge that the bills were counterfeit improperly shifts the burden of proof with respect to intent from the people to the defendant"
  2. People v. Quattlebaum

    91 N.Y.2d 744 (N.Y. 1998)   Cited 25 times   1 Legal Analyses
    Building used for overnight stays only a few dozen times a year was not a "dwelling" for purposes of second-degree burglary
  3. People v. Joseph

    124 A.D.3d 437 (N.Y. App. Div. 2015)   Cited 3 times

    01-13-2015 The PEOPLE of the State of New York, Respondent, v. Ronel JOSEPH, Defendant–Appellant. Richard M. Greenberg, Office of the Appellate Defender, New York ( Eunice C. Lee of counsel), and Weil Gotshal & Manges LLP, New York (Matthew E.K. Howatt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent. Richard M. Greenberg, Office of the Appellate Defender, New York ( Eunice C. Lee of counsel), and Weil Gotshal & Manges LLP, New

  4. People v. Stevens

    109 N.Y. 159 (N.Y. 1888)   Cited 27 times
    In People v. Stevens (109 N.Y. 159, 162) decided in 1888, the Court of Appeals traced the historical background of section 2036 of the Penal Law. That section was enacted in 1881 (L. 1881, ch. 676) and was a re-enactment of section 467 of the Penal Code (L. 1857, ch. 396, § 1) entitled "An act to punish nuisances and malicious trespasses on lands".
  5. Quinn v. People

    71 N.Y. 561 (N.Y. 1878)   Cited 22 times
    In Quinn v People (71 N.Y. 561), we held that burglary of a dwelling could be committed by breaking into the first floor office of a building in which the upper floors were occupied residences.
  6. Section 140.25 - Burglary in the second degree

    N.Y. Penal Law § 140.25   Cited 1,368 times
    Describing second degree burglary as a crime when one "[k]nowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: . . . [t]he building is a dwelling."