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The People of the State of New York, Ind. v. Cesar Romero

New York Supreme and/or Appellate Courts Appellate Division, First Department


December 20, 2012

THE PEOPLE OF THE STATE OF NEW YORK, IND.
RESPONDENT,
v.
CESAR ROMERO, DEFENDANT-APPELLANT.

People v Romero

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2012

Andrias, J.P., Saxe, Moskowitz, Freedman, Abdus-Salaam, JJ.

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered October 5, 2010, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant's criminal intent could be readily inferred from the surrounding circumstances (see generally People v Mackey, 49 NY2d 274, 278-79 [1980]). Defendant's presence in a walk-in closet inside an apartment in the early morning hours, with his hands above his head near a jewelry box, provided ample evidence that defendant entered the apartment with intent to commit a crime therein. The jury properly rejected the implausible explanation that defendant offered for his actions (see e.g. People v Jenkins, 213 AD2d 279 [1st Dept 1995], lv denied 85 NY2d 974 [1995]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 20, 2012

CLERK

20121220

© 1992-2012 VersusLaw Inc.



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