People v. Talley
| Decision Date | 15 April 1985 |
| Parties | The PEOPLE, etc., Respondent, v. Robert E. TALLEY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Arlene Zalayet, Garden City, for appellant.
Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese), Mineola, for respondent.
Before MANGANO, J.P., and GIBBONS, BRACKEN and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from five judgments of the County Court, Nassau County all rendered July 6, 1982, convicting him (1) under Indictment No. 53411 of burglary in the third degree and grand larceny in the second degree, upon a jury verdict, (2) under Indictment No. 53414 of burglary in the second degree, upon his plea of guilty, (3) under Indictment No. 53457 of attempted burglary in the third degree, upon his plea of guilty, (4) under Indictment No. 53780 of criminal possession of stolen property in the first degree, upon his plea of guilty, and (5) under Indictment No. 53922 of burglary in the second degree, upon his plea of guilty, and imposing sentences.
Judgments affirmed.
With respect to the crimes charged under Indictment No. 53411, upon which defendant went to trial, it was established that someone entered the complainant's home at night and once inside searched for valuables. During such search he dropped various items to the floor and removed a set of car keys. He took complainant's car and left. The police took some of the items lying on the floor and obtained fingerprints which matched those of the defendant. There was no defense offered; defendant was convicted on the circumstantial evidence of the fingerprints. Although the evidence was circumstantial in nature, this sort of proof is sufficient if it "leads to a conclusion of guilt beyond a reasonable doubt and, in addition * * * the facts proved exclude to a moral certainty every reasonable hypothesis of innocence" (People v. Johnson, 101 A.D.2d 684, 475 N.Y.S.2d 942). The proof at defendant's trial met that standard.
Addressing defendant's convictions under the four indictments on which he offered pleas of guilty, we have reviewed the record and agree with defendant's assigned counsel that there are no meritorious issues that could be raised upon appeal. Counsel's application for leave to withdraw as counsel as to those indictments is granted. (See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493; People v. Paige, 54 A.D.2d 631, 387 N.Y.S.2d 399; cf. People v. Gonzalez, 47 N.Y.2d 606, ...
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