Majority
p. 674The 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.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 675
- People v. Gaines 74 NY2d 358 p. 675
- People v. Middleton 140 AD2d 550 p. 675
- People v. Johnson 115 AD2d 136 p. 675