AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS SANTANA, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The evidence at the trial discloses that the defendant was discovered by the police crouched behind a car in a garage which was connected to, and was structurally and functionally part of, the dwelling house (Penal Law § 140.00; § 140.25; People v Stevenson, 116 A.D.2d 756, lv denied 67 N.Y.2d 890; People v Green, 141 A.D.2d 760). Among the items in his possession were an Igloo ice cooler, power tools and a flashlight. The defendant's car was parked two blocks from the house which he unlawfully entered. The defendant's conduct and the circumstances in which he was found were sufficient to establish that his intention was to commit a crime on the premises (People v Mackey, 49 N.Y.2d 274; People v Barnes, 50 N.Y.2d 375).

We have examined the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Kunzeman and Weinstein, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. SANTANA
(Aug 15, 1988)