AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent, v. KENNETH HORN, Defendant-appellant.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant made only a general motion to dismiss at the close of the People's case and thus failed to preserve for our review his contention that his conviction of burglary in the third degree (Penal Law § 140.20) and petit larceny (§ 155.25) is not supported by legally sufficient evidence (see People v. Finger, 95 N.Y.2d 894, 895; People v. Gray, 86 N.Y.2d 10, 19; People v. Smith, 275 A.D.2d 1017). In any event, that contention lacks merit. There is a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion that defendant knowingly entered the homeowners' garage unlawfully and stole property (see People v. Prober, 298 A.D.2d 966; People v. Bills, 278 A.D.2d 836, 836-837, lv denied 96 N.Y.2d 780; see generally People v. Bleakley, 69 N.Y.2d 490, 495).

Use AI to get other relevant cases.

Comments

PEOPLE v. HORN
(Feb 7, 2003)