People v. Dela Cruz

Decision Date21 June 1990
Citation162 A.D.2d 312,556 N.Y.S.2d 892
PartiesThe PEOPLE of the State of New York, Respondent, v. Juan DELA CRUZ, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

R.M. Raciti, New York City, for respondent.

A.Y. Truitt, for defendant-appellant.

Before KUPFERMAN, J.P., and CARRO, ASCH, SMITH and RUBIN, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered February 26, 1988, convicting defendant after a jury trial of burglary in the second degree (Penal Law § 140.25[2] and two counts of assault in the third degree (P.L. 120.00) and sentencing him to indeterminate terms of imprisonment of 3 to 9 years for the burglary and 1 year for each assault charge, all terms to run concurrently, unanimously affirmed.

Defendant and complainant began a relationship in December, 1985. Defendant would sleep over at complainant's apartment on a regular basis, where she lived with her son and daughter. After a few months, defendant became physically abusive. On March 4, 1987, when there was no response to defendant's knock on complainant's door, he knocked the door down, entered the apartment and began hitting complainant. Defendant was arrested shortly thereafter when the police arrived. Defendant was charged with sexual abuse, burglary and four assaults committed over a one year period.

At trial sufficient proof was elicited to sustain defendant's conviction for burglary in the second degree. Defendant paid no rent, his name was not on the lease and he did not have a key. Defendant's act of knocking down the door to gain entrance to the apartment is in itself inconsistent with any theory that he had a license to enter, and his acts of violence...

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7 cases
  • People v. Kadarko
    • United States
    • New York Supreme Court — Appellate Division
    • 27 d4 Maio d4 2010
    ...27 A.D.3d 308, 310, 815 N.Y.S.2d 26 [2006], lv. denied 7 N.Y.3d 794, 821 N.Y.S.2d 824, 854 N.E.2d 1288 [2006]; People v. Dela Cruz, 162 A.D.2d 312, 313, 556 N.Y.S.2d 892 [1990], lv. denied 76 N.Y.2d 892, 561 N.Y.S.2d 554, 562 N.E.2d 879 [1990] ). With respect to the contention that the sent......
  • People v. Clarke
    • United States
    • New York Supreme Court — Appellate Division
    • 2 d4 Julho d4 1992
    ...to exclude defendant from his individual dwelling unit (People v. Smith, 144 A.D.2d 600, 601, 534 N.Y.S.2d 1021; People v. Dela Cruz, 162 A.D.2d 312, 556 N.Y.S.2d 892, lv. denied, 76 N.Y.2d 892, 561 N.Y.S.2d 554, 562 N.E.2d 879), and it was far from reasonable for defendant to have believed......
  • People v. Bowser
    • United States
    • New York Supreme Court — Appellate Division
    • 22 d1 Outubro d1 2001
    ...a reasonable basis to believe that he had a license or privilege to enter the premises (see, People v. Diaz, 173 A.D.2d 554; People v. Dela Cruz, 162 A.D.2d 312, 313; People v. Sandore, 148 A.D.2d 1000, 1001; People v. Bell, 131 A.D.2d 859, 861; cf., People v. McCargo, 226 A.D.2d 480, 481; ......
  • People v. Shay
    • United States
    • New York Supreme Court — Appellate Division
    • 17 d5 Junho d5 2011
    ...his permission with respect thereto had been revoked ( see generally Maycumber, 8 A.D.3d at 1072, 778 N.Y.S.2d 254; People v. Dela Cruz, 162 A.D.2d 312, 313, 556 N.Y.S.2d 892, lv. denied 76 N.Y.2d 892, 561 N.Y.S.2d 554, 562 N.E.2d 879). Viewing the evidence in light of the elements of the c......
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