New York Court of Appeals, 1981

People v. Borrello

New York Court of Appeals · Decided February 12, 1981 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

52 N.Y.2d 952; 419 N.E.2d 868; 437 N.Y.S.2d 965; 1981 N.Y. LEXIS 2201

Cases that cite this one

27 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Richard (Appellate Division of the Supreme Court of New York 2021)
People v. Richard (Appellate Division of the Supreme Court of New York 2021)
People v. Wilborn (Appellate Division of the Supreme Court of New York 2018)
People v. Lyons (Appellate Division of the Supreme Court of New York 2018)
People v. Galvez (Appellate Division of the Supreme Court of New York 2011)
People v. Young (Appellate Division of the Supreme Court of New York 2010)
People v. Grant (Appellate Division of the Supreme Court of New York 2010)
People v. Medina (Appellate Division of the Supreme Court of New York 2009)
People v. Credle (Appellate Division of the Supreme Court of New York 2009)
People v. Ortiz (Appellate Division of the Supreme Court of New York 2007)
People v. Bradley (Appellate Division of the Supreme Court of New York 2005)
People v. Ware (Appellate Division of the Supreme Court of New York 2003)
People v. Rondu Parrish Smitherman (Appellate Division of the Supreme Court of New York 2002)
People v. Williams (Appellate Division of the Supreme Court of New York 2002)
People v. Lora (Appellate Division of the Supreme Court of New York 2002)
People v. Brooks (Appellate Division of the Supreme Court of New York 2001)
People v. Tarangelo (Appellate Division of the Supreme Court of New York 2000)
People v. Nunez (Appellate Division of the Supreme Court of New York 1999)
People v. Pozo (Appellate Division of the Supreme Court of New York 1999)
People v. David (Appellate Division of the Supreme Court of New York 1998)
In re Din C. (Appellate Division of the Supreme Court of New York 1997)
People v. Ramos (Appellate Division of the Supreme Court of New York 1997)
People v. Paterson (Appellate Division of the Supreme Court of New York 1996)
People v. Powell (Appellate Division of the Supreme Court of New York 1995)
People v. Hunter (Appellate Division of the Supreme Court of New York 1994)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed".

The trial court charged the jury that in order to find the defendants guilty of burglary in the third degree, it was required to determine that the defendants had entered the premises with the intent to commit a crime. In view of this charge, the court did not commit reversible error in refusing defendants’ request that the court specify that the People had to show, in addition to the entry of the premises, that defendants intended to commit a “felony or a misdemeanor” therein.

It is urged by the defendant that the court should have charged that the lesser included offense of trespass could not be the underlying intended crime. Although defense counsel alluded to this point during his colloquy with the Trial Judge after the charge, he never requested the charge and therefore the point is not preserved for our review.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, *954 Wachtler, Fuchsberg and Meyer concur.

In each case: Order affirmed in a memorandum.

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