PEOPLE v. McCREA


194 A.D.2d 742 (1993)

600 N.Y.S.2d 84

The People of the State of New York, Respondent, v. John McCrea, Also Known as Edward Berry, Appellant

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

June 21, 1993


Ordered that the judgment is affirmed.

The defendant contends that the People failed to present legally sufficient evidence establishing that he entered the complainant's dwelling with the requisite intent to commit a crime therein (see, Penal Law § 140.25 [2]). The defendant failed, however, to raise this contention in his motion to dismiss at the close of the People's case, and, accordingly, the issue has not been preserved for appellate review (see...

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