PEOPLE v. THOMPSON

468 KA 20-00661.

206 A.D.3d 1708 (2022)

169 N.Y.S.3d 438

2022 NY Slip Op 03841

The People of the State of New York, Respondent, v. Preston L. Thompson, Appellant.

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

Decided June 10, 2022.


Attorney(s) appearing for the Case

STEPHANIE R. DIGIORGIO , UTICA, FOR DEFENDANT-APPELLANT.

SCOTT D. McNAMARA , DISTRICT ATTORNEY, UTICA ( MICHAEL A. LABELLA, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, NeMoyer, Curran and Bannister, JJ.


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

Memorandum: On appeal from a judgment convicting him upon a jury verdict of burglary in the second degree (Penal Law § 140.25[2]), defendant contends that, in light of his acquittal of petit larceny, his conviction is not supported by legally sufficient evidence with respect to the element of intent to commit a crime in the dwelling, and the verdict is against the weight of the evidence...

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