PEOPLE v. CUBINO


50 A.D.3d 312 (2008)

854 N.Y.S.2d 394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD CUBINO, Appellant.

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

Decided April 3, 2008.


With respect to the third count, the evidence was legally insufficient to establish the element of intent to commit a crime. Although the People need not specify what crime a defendant intended to commit, in order to elevate criminal trespass to a burglary, the proof must show a defendant intended to commit some other crime contemporaneous with the trespass (People v Mahboubian, 74 N.Y.2d 174, 193 [1989]). The evidence relating to...

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