PEOPLE v. POLANCO


52 A.D.3d 291 (2008)

859 N.Y.S.2d 436

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUNIOR POLANCO, Appellant.

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

Decided June 10, 2008.


The evidence of defendant's unlawful entry into the victim's building was legally sufficient. Although defendant argues that a surveillance video shows the victim permitting defendant to enter the building, the victim testified that he did not open the door for defendant, but he held it open to prevent it from hitting himself.

Defendant's argument that the evidence failed to establish his intent to commit a crime at the time he entered the building is unpreserved...

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