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Matter of Dexter

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
617 N.Y.S.2d 824 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

Appeal from the Family Court, Kings County (Dabiri, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the appellant's guilt beyond a reasonable doubt. The Family Court could properly infer from the appellant's unexplained and unauthorized presence inside the complainant's apartment and from his actions when confronted by the complainant that the appellant possessed the requisite criminal intent at the time of his unlawful entry into the apartment (see, People v. Mackey, 49 N.Y.2d 274; People v. Nuhibian, 201 A.D.2d 962; People v. McCrea, 194 A.D.2d 742). Moreover, upon the exercise of our factual review power, we are satisfied that the fact-finding order is not against the weight of the evidence. Sullivan, J.P., Balletta, Rosenblatt and Florio, JJ., concur.


Summaries of

Matter of Dexter

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
617 N.Y.S.2d 824 (N.Y. App. Div. 1994)
Case details for

Matter of Dexter

Case Details

Full title:In the Matter of DEXTER A., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Oct 17, 1994

Citations

617 N.Y.S.2d 824 (N.Y. App. Div. 1994)
617 N.Y.S.2d 824

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