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People v. Walker

175 A.D.2d 674 Court N.Y. App. Div. Decision date 1991-07-12 English

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p. 674
The People of the State of New York, Respondent, v Robert L. Walker, Appellant.

— Judgment unanimously affirmed. Memorandum: The verdict, following a nonjury trial, convicting defendant of second degree burglary is not against

p. 675
the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). The People established that defendant broke into the complainant’s apartment, brandished a knife, threatened to kill her and attempted to escape when the police arrived. Defendant’s intent to commit a crime at the time of his entry (see, People v Gaines, 74 NY2d 358 ) can be inferred from the surrounding circumstances (see, People v Middleton, 140 AD2d 550 , lv denied 72 NY2d 959 ; People v Bull, 136 AD2d 929 , lv denied 71 NY2d 966 ; People v Johnson, 115 AD2d 136 , lv denied 67 NY2d 762 ). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Burglary, 2nd Degree.) Present — Doerr, J. P., Green, Pine, Balio and Lowery, JJ.

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