PEOPLE v. VIVENZIO


103 A.D.2d 1044 (1984)

The People of the State of New York, Respondent, v. Lance Vivenzio, Appellant

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

July 13, 1984


Upon remittitur from the Court of Appeals, facts reviewed and judgment affirmed.

Memorandum:

The prosecution presented sufficient evidence to justify the jury's finding that defendant attempted illegally to enter O'Toole's Tavern with the intent to commit larceny therein. Defendant was apprehended in the doorway of the bar at 4:50 A.M. with burglar's tools in his pockets. There was evidence of fresh pry marks around the lock on the door. Defendant's intent...

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