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The People of the State of New York v. Robert Carelock

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 13, 2009

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ROBERT CARELOCK,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered September 1, 2005.

1359

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, CENTRA, AND PERADOTTO, JJ.

MEMORANDUM AND ORDER

The judgment convicted defendant, upon a jury verdict, of burglary in the third degree and attempted petit larceny.

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 third degree (Penal Law § 140.20) and attempted petit larceny (§§ 110.00, 155.25). Viewing the evidence in light of the elements of the crime of burglary as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict with respect to that crime is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495). The sentence is not unduly harsh or severe.

Patricia L. Morgan Clerk of the Court

20091113

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