PEOPLE v. SHAY

KA 10-00392

85 A.D.3d 1708 (2011)

925 N.Y.S.2d 789

2011 NY Slip Op 5333

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL P. SHAY, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 17, 2011.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, burglary in the second degree (Penal Law § 140.25 [2]). Contrary to defendant's contention, the evidence is legally sufficient to support the burglary conviction inasmuch as the People established that he entered or remained unlawfully in the victim's apartment with the intent to commit...

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