PEOPLE v. GAINES


147 A.D.2d 891 (1989)

The People of the State of New York, Respondent, v. Cornelius Gaines, Appellant. (Appeal No. 1.)

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

February 3, 1989


Judgment affirmed.

Memorandum:

Defendant appeals from his conviction of burglary in the third degree and petit larceny, asserting that the court erred in refusing to instruct the jury that, in order to find defendant guilty of burglary, it would have to find that he had the intent to commit the crime of larceny at the time of his unlawful entry into the building. Instead, the court charged, in the terms of the statute (Penal Law § 140.20), as follows...

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