Appellate Division of the Supreme Court of New York, 1989

People v. Gary

People v. Gary
Appellate Division of the Supreme Court of New York · Decided March 10, 1989
148 A.D.2d 992; 539 N.Y.S.2d 226; 1989 N.Y. App. Div. LEXIS 2683
People v. Gary

Opinion of the Court

Judgment unanimously affirmed. Memorandum: We have reviewed the record and we conclude that the verdict is supported by legally sufficient evidence on each and every element of burglary, first degree. Considering that defendant entered a private home through a window in the middle of the night wielding a knife and injured two of the occupants, the court did not abuse its discretion when it sentenced defendant to serve 3 to 9 years, despite the fact that this was defendant’s first felony conviction. (Appeal from judgment of Oneida County Court, Gilbert, *993J. — burglary, first degree, and other charges.) Present — Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.

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