People v. Collazo

• Decision Date: 10 March 1980
• Citation: 425 N.Y.S.2d 380,74 A.D.2d 853
• Parties: The PEOPLE, etc., Respondent, v. Gilbert COLLAZO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 380

425 N.Y.S.2d 380

74 A.D.2d 853

The PEOPLE, etc., Respondent, v. Gilbert COLLAZO, Appellant.

Supreme Court, Appellate Division, Second Department.

March 10, 1980.

William E. Hellerstein, New York City (Bernard Kobroff, New York City, of counsel), for appellant.

Eugene Gold, Dist. Atty., Brooklyn (Adrian Mecz, Brooklyn, of counsel), for respondent.

Before TITONE, J. P., and GULOTTA, MARGETT and O'CONNOR, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 1, 1978, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Upon reviewing the record, we have reached the conclusion that the evidence of defendant's guilt was sufficient to sustain his conviction of burglary in the third degree (see People v. Castillo, 47 N.Y.2d 270, 417 N.Y.S.2d 915, 391 N.E.2d 997; People v. Terry, 43 A.D.2d 875, 351 N.Y.S.2d 184; see, also, People v. Mackey, 49 N.Y.2d 274, 425 N.Y.S.2d 288, --- N.E.2d ---- (Jan. 10, 1980); cf. People v. Torres, 56 A.D.2d 640, 391 N.Y.S.2d 703). In addition, although we are cognizant of the holding in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39, it is our belief that any error which may have been committed by the trial court during its charge to the jury on presumed intent was harmless beyond a reasonable doubt (see People v. Fournier, 70 A.D.2d 491, 421 N.Y.S.2d 368; see, also, People v. Reyes, 71 A.D.2d 1034, 420 N.Y.S.2d 398; cf. People v. Thomas, 71 A.D.2d 280, 422 N.Y.S.2d 394).

We have considered defendant's remaining contentions and find them to be without merit.