PEOPLE v. BATTLE


202 A.D.2d 1045 (1994)

609 N.Y.S.2d 716

The People of the State of New York, Respondent, v. Bruce Battle, Appellant

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

March 11, 1994


Judgment unanimously affirmed.

Memorandum:

The proof is legally sufficient to support defendant's conviction for burglary in the third degree and criminal mischief in the fourth degree. Contrary to defendant's assertion, there is no requirement that the owner of the burglarized premises testify that he did not give defendant permission to enter. Evidence of entry into the tavern at 2:30 A.M. by breaking its front window, the acts committed inside the tavern...

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