PEOPLE v. CLARK


70 A.D.2d 683 (1979)

The People of the State of New York, Respondent, v. Milton Clark, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 10, 1979


Initially, defendant contends that the evidence was insufficient to sustain the jury's verdict, arguing that the People failed to carry their burden of proof on the issues of whether defendant entered the premises with the intent to commit a crime and whether his entry was unlawful (see Penal Law, § 140.25). There was testimony, however, that defendant and a codefendant entered the premises through the front door, which had been forced open, and that defendant remained...

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