People v. Murray
| Decision Date | 17 December 1990 |
| Citation | 562 N.Y.S.2d 788,168 A.D.2d 573 |
| Parties | The PEOPLE, etc., Respondent, v. Keith MURRAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Andrew M. Micek, White Plains, for appellant.
Carl A. Vergari, Dist. Atty., White Plains (James A. Randazzo and Maryanne Luciano, of counsel), for respondent.
Before BRACKEN, J.P., and KOOPER, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Marasco, J.), rendered February 25, 1987, convicting him of burglary in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
It is well settled that the element of intent necessary to establish the crime of burglary in the second degree can be inferred from the surrounding circumstances (see, People v. Mackey, 49 N.Y.2d 274, 425 N.Y.S.2d 288, 401 N.E.2d 398; People v. Miller, 149 A.D.2d 737, 540 N.Y.S.2d 521; People v. Middleton, 140 A.D.2d 550, 528 N.Y.S.2d 849). Fingerprint evidence, although circumstantial in nature, is sufficient proof if it leads to a conclusion of guilt beyond a reasonable doubt and excludes every hypothesis of innocence (see, People v. Sparacino, 150 A.D.2d 814, 542 N.Y.S.2d 235; People v. Vasquez, 131 A.D.2d 523, 516 N.Y.S.2d 257; People v. Talley, 110 A.D.2d 792, 488 N.Y.S.2d 62). The evidence adduced at trial established, inter alia, that a forcible entry into the respective dwellings of the complainants had occurred and that jewelry, cash, and other personal belongings had been taken from the complainants' dwellings. An expert in fingerprint identification testified that the fingerprints left by the burglar at the scenes of the crimes matched those of the defendant which were on file with the police department. Viewing the evidence adduced at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt and to exclude to a moral certainty every reasonable hypothesis of innocence (see People v. Betancourt, 68 N.Y.2d 707, 506 N.Y.S.2d 310, 497 N.E.2d 677). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[5].
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05[2]; ...
To continue reading
Request your trial
-
People v. Curran
...635 ; People v. Gilmore, 199 A.D.2d at 411, 605 N.Y.S.2d 109 ; People v. Lide, 192 A.D.2d 557, 558, 596 N.Y.S.2d 103 ; People v. Murray, 168 A.D.2d 573, 562 N.Y.S.2d 788 ; People v. Caraballo, 138 A.D.2d 725, 526 N.Y.S.2d 538 ), including DNA evidence linking the defendant to the crime (see......
-
People v. Guzman
...782 N.Y.S.2d 369;People v. Brown, 288 A.D.2d 233, 732 N.Y.S.2d 361;People v. Hirsch, 280 A.D.2d 612, 720 N.Y.S.2d 535;People v. Murray, 168 A.D.2d 573, 562 N.Y.S.2d 788). Contrary to the defendant's contention, his intent to commit a crime within the subject residence was sufficiently estab......
-
People v. Jones
...N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Murray, 168 A.D.2d 573, 562 N.Y.S.2d 788; see also, People v. Sital, 220 A.D.2d 784, 785, 633 N.Y.S.2d 332; People v. Minore, 110 A.D.2d 661, 487 N.Y.S.2d 393; Pe......
-
In the Matter of Richard M. (anonymous)
...( cf. People v. Urquidez, 5 A.D.3d 800, 801, 773 N.Y.S.2d 567; People v. Hirsch, 280 A.D.2d 612, 720 N.Y.S.2d 535; People v. Murray, 168 A.D.2d 573, 573, 562 N.Y.S.2d 788). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see Matter......