PEOPLE v. LINEBERGER


19 A.D.3d 320 (2005)

798 N.Y.S.2d 412

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY LINEBERGER, Appellant.

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

June 30, 2005.


Defendant's argument that the burglary convictions were based on legally insufficient evidence is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the jury could have reasonably concluded from the evidence that defendant knowingly remained unlawfully in the victim's apartment with the contemporaneous intent to commit a crime (see People v Gaines, 74 N.Y.2d 358, 362...

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