People v. Sanders

• Decision Date: 13 July 1990
• Citation: 559 N.Y.S.2d 838,163 A.D.2d 852
• Parties: PEOPLE of the State of New York, Respondent, v. Lamont SANDERS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 838

559 N.Y.S.2d 838

163 A.D.2d 852

PEOPLE of the State of New York, Respondent, v. Lamont SANDERS, Appellant.

Supreme Court of New York, Appellate Division, Fourth Department.

July 13, 1990

Linda S. Reynolds by Lisa Barnard, Buffalo, for appellant. Kevin M. Dillon by Susan Nusbaum, Buffalo, for respondent.

Judgment unanimously affirmed. Memorandum: Defendant's conviction of burglary in the second degree (see, Penal Law § 140.25) was supported by legally sufficient evidence (see, People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672). Defendant's claim that he had a license or privilege to be in complainant's apartment is without merit. There was no evidence that defendant had permission to be in complainant's apartment at the time the crime was committed. Further, we find that defendant's counsel, although inexperienced, provided meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 146-147, 444 N.Y.S.2d 893, 429 N.E.2d 400). Finally, the sentence imposed was neither harsh nor excessive (see, People v. Farrar, 52 N.Y.2d 302, 437 N.Y.S.2d 961, 419 N.E.2d 864). (Appeal from Judgment of Supreme Court, Erie County, Flynn, J.--Burglary, 2nd Degree.)

CALLAHAN, J.P., and DENMAN, GREEN, BALIO and LOWERY, JJ., concur.