PEOPLE v. CAJIGAS

No. 167.

19 N.Y.3d 697 (2012)

979 N.E.2d 240

955 N.Y.S.2d 296

2012 NY Slip Op 7049

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN CAJIGAS, Appellant.

Court of Appeals of New York.

Decided October 23, 2012.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Jonathan M. Kirshbaum and Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Britta Gilmore and Susan Gliner of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

GRAFFEO, J.

In this case involving the violation of an order of protection, we consider whether the mens rea element of burglary may be satisfied by an intent to commit an act that would not be illegal in the absence of the order.

In 2005, defendant Norman Cajigas moved into the apartment where his paramour, Maria, resided with her teenage daughter. He eventually became physically...

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