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PEOPLE v. POLANCO

172 A.D.2d 276 (1991)

The People of the State of New York, Respondent, v. Wilfredo Polanco, Appellant

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

April 11, 1991

Defendant was convicted of burglary on evidence that he stole soda from a pushcart stored in a Manhattan garage. On appeal, he argues that the People, by failing to call the owner of the cart to testify at trial, did not establish a larceny, and consequently, had not proven defendant's intent to commit a crime as an element of burglary. The garage attendant, however, did testify, and he qualified as an "owner" within the meaning...

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