§Why CasetextPricing

The People, Respondent,v.Ronel Joseph, Appellant.

Brief

22 Cited authorities

  1. In re Winship

    397 U.S. 358 (1970)   Cited 11,635 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  2. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 9,447 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"

  3. People v. Barnes

    50 N.Y.2d 375 (N.Y. 1980)   Cited 443 times   2 Legal Analyses
    Holding that the relevant "moral certainty" standard "does not apply to a situation where, as here, both direct and circumstantial evidence are employed to demonstrate a defendant's culpability"

  4. People v. Gaines

    74 N.Y.2d 358 (N.Y. 1989)   Cited 168 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

  5. People v. Mackey

    49 N.Y.2d 274 (N.Y. 1980)   Cited 216 times   1 Legal Analyses
    Stating "unless there is read into the words `a crime' more than the Legislature has stated, intent to commit a specific crime is not an element, and the necessity for particulars, and with it the due process question, disappears"

  6. 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"

  7. People v. Bergman

    70 A.D.3d 1494 (N.Y. App. Div. 2010)   Cited 17 times

    No. KA 08-01368. February 11, 2010. Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered April 18, 2008. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree and criminal mischief in the third degree. JOHN W. SPRING, JR., PHOENIX, FOR DEFENDANT-APPELLANT. GARY T. BERGMAN, DEFENDANT-APPELLANT PRO SE. DONALD H. DODD, DISTRICT ATTORNEY, OSWEGO (MICHAEL G. CIANFARANO OF COUNSEL), FOR RESPONDENT. Present: Centra, J.P., Peradotto, Carni

  8. 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

  9. People v. Sterina

    108 A.D.3d 1088 (N.Y. App. Div. 2013)   Cited 8 times

    2013-07-5 The PEOPLE of the State of New York, Respondent, v. Carla C. STERINA, Defendant–Appellant. Schiano Law Office, P.C., Rochester (Michael P. Schiano of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent. Schiano Law Office, P.C., Rochester (Michael P. Schiano of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Matthew Dunham of Counsel), for Respondent. PRESENT: SMITH, J.P., PERADOTTO

  10. People v. Diaz

    53 A.D.3d 504 (N.Y. App. Div. 2008)   Cited 12 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

  11. 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."

  12. Section 70.06 - Sentence of imprisonment for second felony offender

    N.Y. Penal Law § 70.06   Cited 1,195 times
    Enhancing a sentence on the basis of a prior felony conviction

  13. Section 140.20 - Burglary in the third degree

    N.Y. Penal Law § 140.20   Cited 687 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

  14. Section 205.30 - Resisting arrest

    N.Y. Penal Law § 205.30   Cited 660 times
    Resisting arrest

  15. Section 70.02 - [Effective 9/1/2024] Sentence of imprisonment for a violent felony offense

    N.Y. Penal Law § 70.02   Cited 643 times
    Defining “violent felony offenses”

  16. Section 70.04 - Sentence of imprisonment for second violent felony offender

    N.Y. Penal Law § 70.04   Cited 504 times
    Establishing a statutory determinate term within the range of 10 to 25 years

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

    N.Y. Penal Law § 140.00   Cited 438 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."

  18. Section 140.05 - Trespass

    N.Y. Penal Law § 140.05   Cited 237 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