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People v. Marshall

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 907 (N.Y. App. Div. 1993)

Opinion

November 19, 1993

Appeal from the Supreme Court, Erie County, Kasler, J.

Present — Callahan, J.P., Green, Fallon, Boomer and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's conviction of burglary in the second degree is supported by legally sufficient evidence. Defendant's recent and exclusive possession of the property that constituted the fruits of the burglary, and the absence of credible evidence that the crime was committed by someone else, justified the inference that defendant committed the burglary (see, People v Baskerville, 60 N.Y.2d 374, 382-383; Knickerbocker v People, 43 N.Y. 177; People v Costello, 162 A.D.2d 276, lv denied 76 N.Y.2d 854; People v Alvarez, 116 A.D.2d 725, 726, lv denied 67 N.Y.2d 880). The fact finder reasonably could have found that the explanation given by defendant, that he acquired the stolen property after the burglary, was false and not worthy of belief (see, People v Alvarez, supra, at 726; People v Thornton, 104 A.D.2d 426).

Finally, we conclude that the sentence was neither harsh nor excessive.


Summaries of

People v. Marshall

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1993
198 A.D.2d 907 (N.Y. App. Div. 1993)
Case details for

People v. Marshall

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD MARSHALL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 19, 1993

Citations

198 A.D.2d 907 (N.Y. App. Div. 1993)
606 N.Y.S.2d 1017

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