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People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 748 (N.Y. App. Div. 2000)

Opinion

Submitted May 30, 2000.

September 18, 2000.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson , J.), rendered July 21, 1998, convicting him of burglary in the second degree, upon his plea of guilty , and imposing sentence.

Mark Berry, Gouverneur, N.Y., appellant pro se.

Michael E. Bongiorno , District Attorney, New City, N.Y. (Ellen O'Hara Woods of counsel), for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the People did not need to prove that his entry into the premises where the crime occurred was "forced" to sustain his conviction for burglary in the second degree (see , People v. Johnson, 162 A.D.2d 267; People v. Cozzetto, 142 A.D.2d 684).

The defendant's remaining contentions are either unpreserved for appellate review, not properly before this court on direct appeal, or without merit.


Summaries of

People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 748 (N.Y. App. Div. 2000)
Case details for

People v. Berry

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MARK BERRY, APPELLANT. (IND. NO. 97-00269)

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

Date published: Sep 18, 2000

Citations

275 A.D.2d 748 (N.Y. App. Div. 2000)
713 N.Y.S.2d 493

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