People v. Perrin
| Decision Date | 24 March 1977 |
| Citation | 392 N.Y.S.2d 723,56 A.D.2d 957 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Eugene PERRIN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Thomas B. Wheeler, Malone, for appellant.
Joseph J. Ryan, Franklin County Dist. Atty., Malone, New York City (Bernard Kobroff, of counsel), for respondent.
Before GREENBLOTT, J.P., and SWEENEY, MAIN, LARKIN and HERLIHY, JJ.
Appeal from a judgment of the County Court of Franklin County, rendered May 10, 1976, upon a verdict convicting defendant of the crimes of burglary in the first degree, burglary in the second degree, robbery in the first degree, and two counts of assault in the third degree.
The prosecution's evidence revealed that the defendant broke into the complaint's apartment at night, forcibly stole money from the complainant and committed assaults with a knife upon complaint and one Charles Lord. Defendant contends that various alleged errors of law were committed by the trial court which require the granting of a new trial.
We have examined these contentions and find that they are without merit.
There is, however, a problem arising out of the fact that the first count of the indictment accused the defendant of committing the crime of burglary in the first degree (Penal Law, § 140.30), under the theory that the defendant knowingly entered the dwelling at night with intent to commit the crimes of assault and larceny and while in the dwelling caused physical injury to Valerie Wheeler. The second count of the indictment is identical to the first except the theory underlying this count is that the defendant, while in the dwelling, caused physical injury to Charles Lord. It is apparent that counts one and two of the indictment accuse the defendant of committing the same crime but postulate different theories for the accomplishment of the crime.
In our view the indictment was not defective. (People ex rel. Prince v. Brophy, 273 N.Y. 90. 98, 6 N.E.2d 109, 112). While the indictment was, therefore, proper in form, it is clear that the defendant could only be convicted of one count of burglary. An individual is...
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People v. Ohrenstein
...the facts relate to the same deed or transaction." (People ex rel. Prince v. Brophy, 273 N.Y. 90, 98, 6 N.E.2d 109; People v. Perrin, 56 A.D.2d 957, 958, 392 N.Y.S.2d 723.) Pleading in such a manner is permitted "where there may be doubt or uncertainty as to whether the facts and circumstan......
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People v. Hale
...(4th Dep't 1991) (sanctioning multiple convictions of noninclusory concurrent counts of homicide); see also People v. Perrin, 56 A.D.2d 957, 958, 392 N.Y.S.2d 723 (3d Dep't 1977) (holding that indictment may state in different counts accomplishment of crime charged in various ways where fac......
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People v. Rodrigues
...of [only] one count of burglary [in the first degree under section 140.30(2) where] there has been only one entry" ( People v. Perrin, 56 A.D.2d 957, 958, 392 N.Y.S.2d 723; see also People v. Daniels, 165 A.D.2d 610, 614-615, 569 N.Y.S.2d 999, lv. denied 78 N.Y.2d 1010, 575 N.Y.S.2d 818, 58......
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Com. v. Mitchell
...burglary if he was armed or committed an assault at any point during the commission of the crime. See, e.g., People v. Perrin, 56 A.D.2d 957, 958, 392 N.Y.S.2d 723 (1977) ("An individual is guilty of burglary in the first degree if he enters a dwelling at night with the requisite mental sta......