PEOPLE v. GIANNIZZERO


209 A.D.2d 635 (1994)

619 N.Y.S.2d 307

The People of the State of New York, Respondent, v. Gennaro Giannizzero, Appellant

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

November 21, 1994


Ordered that the judgments are affirmed.

The defendant, after being evicted from his rented apartment, returned and, without permission, removed a door and did damage to the apartment. At his trial on the charge of burglary in the second degree under Indictment No. 1218/90, the defendant claimed that he thought he had a right to take the door and, therefore, the People failed to prove the element of intent. On appeal, the...

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