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People v. Hicks

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
858 N.Y.S.2d 910 (N.Y. App. Div. 2008)

Opinion

No. 2006-00875.

June 17, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered January 12, 2006, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Steven Banks, New York, N.Y. (Jonathan Garelick of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Naomi K. Schneidmill of counsel), for respondent.

Before: Spolzino, J.P., Covello, Dickerson and Eng, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish beyond a reasonable doubt that he entered the complainant's building with the intent to commit a crime therein ( see Penal Law § 140.25; Matter of Dexter A., 208 AD2d 720, 720-721; People v McCrea, 194 AD2d 742, 743-744). Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contention is unpreserved for appellate review ( see CPL 470.05) and, in any event, is without merit ( see People v Moore, 303 AD2d 691, 692; People v Moore, 139 AD2d 676).


Summaries of

People v. Hicks

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
858 N.Y.S.2d 910 (N.Y. App. Div. 2008)
Case details for

People v. Hicks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HICKS…

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

Date published: Jun 17, 2008

Citations

858 N.Y.S.2d 910 (N.Y. App. Div. 2008)
52 A.D.3d 736
2008 N.Y. Slip Op. 5722