People v. Williams

• Decision Date: 20 March 2020
• Docket Number: 147,KA 15–01500
• Citation: 120 N.Y.S.3d 682,181 A.D.3d 1298
• Parties: The PEOPLE of the State of New York, Respondent, v. Jason R. WILLIAMS, also known as Errol Bowry, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

181 A.D.3d 1298
120 N.Y.S.3d 682

The PEOPLE of the State of New York, Respondent,
v.
Jason R. WILLIAMS, also known as Errol Bowry, Defendant–Appellant.

147
KA 15–01500

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

March 20, 2020

MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (CAROLYN WALTHER OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CURRAN, TROUTMAN, WINSLOW, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

181 A.D.3d 1298

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law

§ 140.25 [2] ). Defendant contends that the evidence is legally insufficient to support the conviction because the People did not establish that he entered the victim's home with intent to commit a crime therein. We reject that contention (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). It is well established that "[a] defendant's intent to commit a crime may be inferred from the circumstances of the entry ..., as well as from defendant's actions and assertions when confronted" ( People v. Maier, 140 A.D.3d 1603, 1603–1604, 34 N.Y.S.3d 544 [4th Dept. 2016], lv denied 28 N.Y.3d 933, 40 N.Y.S.3d 361, 63 N.E.3d 81 [2016] [internal quotation marks omitted] ). Here, we conclude that there is legally sufficient evidence from which a jury could infer defendant's criminal intent, i.e., the victim testified that she saw defendant, who was on the premises without permission, climbing out of her bedroom window, defendant fled when the victim made noise as she walked toward the bedroom, and a television had been moved across the bedroom and was sitting near the window (see generally People v. Beaty, 89 A.D.3d 1414, 1416–1417, 932 N.Y.S.2d 280 [4th Dept. 2011], affd 22 N.Y.3d 918, 977 N.Y.S.2d 172, 999 N.E.2d 535 [2013] ; People v. Pendarvis, 143 A.D.3d 1275, 1275, 39 N.Y.S.3d 348 [4th Dept. 2016], lv denied 28 N.Y.3d 1149, 52 N.Y.S.3d 300, 74 N.E.3d 685 [2017] ; People v. Hymes, 132 A.D.3d 1411, 1411–1412, 17 N.Y.S.3d 561 [4th Dept. 2015], lv

181 A.D.3d 1299 ...