Summary
The Appellate Division, First Department affirmed the defendant's conviction for second-degree burglary following a jury trial. The court held that the verdict was supported by legally sufficient evidence and not against the weight of the evidence, specifically addressing the elements of intent and unlawful entry. While an unpreserved challenge to the intent instruction was declined for review in the interest of justice, the court alternatively concluded the evidence was sufficient based on corroborating testimony and physical evidence.
Topics
Practice areas
Questions Presented
- Whether the evidence was legally sufficient to support the conviction for second-degree burglary.
Holdings
- The evidence was legally sufficient; the conviction is affirmed.
Key quotations
“The verdict was based on legally sufficient evidence and was not against the weight of the evidence.” (at 1)
Factual background
Johnson was alleged to have entered a vacant apartment with intent to commit a sexual crime without consent. The complainant testified to this intent, and DNA evidence and a recorded phone call partially corroborated her account. The building manager testified that the apartment was vacant and under construction at the time of the incident.
Procedural history
The trial court sentenced Johnson to eight years for second-degree burglary; the conviction was affirmed by the Appellate Division, First Department.