People v. Gomez
Cases that cite this one
5 later published cases cite this decision.
- People v. Deas (Appellate Division of the Supreme Court of New York 2024)
- People v. Santiago (Appellate Division of the Supreme Court of New York 1991)
- People v. Malave (Appellate Division of the Supreme Court of New York 1985)
- People v. Joyce (Appellate Division of the Supreme Court of New York 1984)
- People v. Parker (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered February 4, 1980, convicting him of burglary in the second degree, petit larceny and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. We reject defendant’s contention that the People must prove beyond a reasonable doubt that a defendant has prior knowledge that his accomplices were armed with deadly weapons as an element of the offense of burglary in the second degree under section 140.25 (subd 1, par [a]) of the Penal Law. (See People v Mann, 102 Mise 2d 1101; Hechtman, Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law, § 140.25, pp 47-48; cf. People v Tracey A., 97 Mise 2d 1053.) Titone, J. P., Weinstein, O’Connor and Rubin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.