15 Cited authorities

  1. People v. Mahboubian

    74 N.Y.2d 174 (N.Y. 1989)   Cited 485 times   2 Legal Analyses
    Finding prejudice where defendants's defenses "were not only antagonistic but also mutually exclusive and irreconcilable" and "[t]he jury could not have credited both defenses"
  2. People v. Gaines

    74 N.Y.2d 358 (N.Y. 1989)   Cited 164 times   2 Legal Analyses
    Holding that, to establish a burglary charge, the prosecutor must prove that the defendant's intent to commit a crime existed at the time he or she entered the premises unlawfully
  3. People v. Maisonet

    304 A.D.2d 674 (N.Y. App. Div. 2003)   Cited 29 times
    Holding that hallway could be considered part of apartment if it was inaccessible to public
  4. People v. Diaz

    53 A.D.3d 504 (N.Y. App. Div. 2008)   Cited 13 times

    July 1, 2008. Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered January 18, 2006, convicting him of burglary in the second degree and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence. Before: Florio, J.P., Angiolillo, McCarthy and Dickerson, JJ. Ordered that the judgment is affirmed. The defendant's challenge to the legal sufficiency of the evidence supporting his conviction of burglary in the second degree on the

  5. People v. Quattlebaum

    698 N.E.2d 421 (N.Y. 1998)   Cited 22 times   1 Legal Analyses
    Describing the standard for a "dwelling" under N.Y. Penal Law § 140.00
  6. People v. McCray

    102 A.D.3d 560 (N.Y. App. Div. 2013)   Cited 5 times

    2013-01-24 The PEOPLE of the State of New York, Respondent, v. Lionel McCRAY, Defendant–Appellant. Stanley Neustadter, Cardozo Appeals Clinic, New York (Mark Baker of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent. FRIEDMAN J.P. Stanley Neustadter, Cardozo Appeals Clinic, New York (Mark Baker of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent. FRIEDMAN

  7. People v. Crooks

    95 A.D.3d 417 (N.Y. App. Div. 2012)

    2012-05-1 The PEOPLE of the State of New York, Respondent, v. James CROOKS, Defendant–Appellant. Richard M. Greenberg, Office of Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel), for respondent. MAZZARELLI Richard M. Greenberg, Office of Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of counsel)

  8. People v. Bobbitt

    49 A.D.3d 265 (N.Y. App. Div. 2008)

    No. 2943. March 4, 2008. Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered February 3, 2005, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 16 years to life, unanimously affirmed. Steven Banks, The Legal Aid Society, New York (Frances Gallagher of counsel), and Kaye Scholer LLP, New York (Barbara Drasheff of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx

  9. People v. Irrizary

    183 A.D.2d 630 (N.Y. App. Div. 1992)   Cited 3 times

    May 21, 1992 Appeal from the Supreme Court, New York County (Edward McLaughlin, J.). Defendant was arrested by responding police officers after he broke through the window of a coffee shop, and kicked open a locked door to the restaurant's second floor. Defendant was found hiding under a heating duct and in resisting arrest he lunged for an officer's gun, biting that officer, as well as injuring another officer. Viewing the evidence in a light most favorable to the People and giving due deference

  10. 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.
  11. Section 140.25 - Burglary in the second degree

    N.Y. Penal Law § 140.25   Cited 1,127 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."
  12. Section 140.20 - Burglary in the third degree

    N.Y. Penal Law § 140.20   Cited 590 times

    A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony. N.Y. Penal Law § 140.20

  13. Section 140.00 - Criminal trespass and burglary; definitions of terms

    N.Y. Penal Law § 140.00   Cited 418 times
    Involving a "building" which "in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer."
  14. Section 140.05 - Trespass

    N.Y. Penal Law § 140.05   Cited 232 times

    A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is a violation. N.Y. Penal Law § 140.05

  15. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 9 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply