PEOPLE v. RIVERA


301 A.D.2d 787 (2003)

754 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS RIVERA, Appellant.

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

Decided January 16, 2003.


Spain, J.

Following a jury trial, defendant was convicted of burglary in the second degree for his conduct on August 30, 1998 in unlawfully entering a home in the City of Albany with the intent to commit a crime therein (see Penal Law § 140.25 [2]). Sentenced as a second felony offender to a determinate term of 10½ years' imprisonment, defendant appeals challenging the legal sufficiency and weight of the evidence, as well as the length of his sentence...

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