PEOPLE v. SMITH

5433, 794/07.

85 A.D.3d 639 (2011)

926 N.Y.S.2d 466

2011 NY Slip Op 5430

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRIEL SMITH, Appellant.

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

Decided June 23, 2011.


Defendant asserts that the People failed to prove that he knowingly and unlawfully entered a building, a necessary element of his burglary conviction. However, the evidence warrants the inference that defendant knew he was not permitted to enter a locked residential building with a no trespassing sign. While defendant testified he entered as an invitee of a resident, the jury was free to reject that testimony. There is no basis for disturbing the jury's credibility determinations...

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