PEOPLE v. BERMUDEZ


161 A.D.2d 285 (1990)

The People of the State of New York, Respondent, v. Pedro Bermudez, Appellant

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

May 8, 1990


The prosecution's case sufficiently established that defendant unlawfully entered an apartment by forcing its lock, ransacked the apartment strewing contents of drawers and boxes about, and that upon discovery, he fled with a plastic bag containing jewelry. Proof as to the actual theft was, however, not as strong as the proof establishing the unlawful entry and defendant's intent. In these circumstances, we find the Trial Justice properly denied defendant's request to charge...

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