People v. Wells
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the first degree (Penal Law § 140.30 [2]). There is no merit to the contention of defendant that, because he allegedly entered the dwelling unlawfully with intent to commit an assault therein,
Contrary to defendant’s contention, the verdict is not against the weight of the evidence on the issue whether defendant had the essential criminal intent at the time of the break-in (see, People v Bleakley, 69 NY2d 490, 495). A finder of fact could infer from the circumstances of the entry and from defendant’s assaultive and larcenous acts, which occurred within minutes of the break-in, that defendant possessed the requisite criminal intent at the time of the break-in (see, People v Barnes, 50 NY2d 375, 381; People v Mackey, 49 NY2d 274, 280).
We have considered defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Niagara County Court, Fricano, J. — Burglary, 1st Degree.) Present — Pigott, Jr., P. J., Pine, Wisner and Scudder, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.