Appellate Division of the Supreme Court of New York, 2002

People v. Bryan

People v. Bryan
Appellate Division of the Supreme Court of New York · Decided December 12, 2002
300 A.D.2d 111; 751 N.Y.S.2d 463; 2002 N.Y. App. Div. LEXIS 12151
People v. Bryan

Opinion of the Court

—Judgment, *112Supreme Court, New York County (Dorothy Cropper, J.), rendered January 4, 2001, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s intent to commit a larceny in a doctor’s office in a locked wing of a hospital was established by the evidence, including testimony that defendant had opened a cabinet drawer and removed a jewelry box. The jury properly rejected defendant’s incredible explanation for his unauthorized presence. Concur— Andrias, J.P., Saxe, Sullivan, Friedman and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.