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PEOPLE v. MAGLIOCCO

2018-05485. 2018-05486.

199 A.D.3d 705 (2021)

153 N.Y.S.3d 905

2021 NY Slip Op 05984

The People of the State of New York, Respondent, v. Anthony R. Magliocco, Appellant.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York, NY ( Richard E. Mischel of counsel), for appellant.

Robert V. Tendy , District Attorney, Carmel, NY ( Bridget Rahilly Steller of counsel), for respondent.

Rivera, J.P., Iannacci, Ford and Dowling, JJ., concur.

Ordered that the judgments are affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant's guilt of burglary in the first degree beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5];...

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