Summary
This uncorrected opinion from the New York Appellate Division, First Department, affirms the defendant's conviction for seven counts of third-degree burglary following a jury trial. The court determined that the verdict was not against the weight of the evidence and upheld the jury's credibility findings regarding the defendant's awareness of a trespass notice communicated by store personnel and police. The sentence as a second felony offender was also unanimously affirmed.
Topics
Practice areas
Questions Presented
- Whether the appellate court may disturb the jury’s credibility determinations regarding the defendant’s knowledge of the trespass notice and affirm the conviction.
Holdings
- The conviction is affirmed; there is no basis to disturb the jury’s credibility determinations and the record supports the conclusion that the defendant knew he was prohibited from entering the stores.
Key quotations
“The record supports the conclusion that defendant knew that he was prohibited from entering any Walgreens or Duane Reade store as the result of a trespass notice that was communicated to him after a previous shoplifting incident.” (at *1)
Factual background
Defendant Anthony White had previously been issued a trespass notice prohibiting him from entering any Walgreens or Duane Reade store after a shoplifting incident. Store personnel and the arresting officer testified that they explained the notice to him and that he read it. He was later convicted of seven counts of burglary in the third degree after a jury trial.
Procedural history
The Supreme Court, New York County entered judgment on February 25, 2022 (amended March 2, 2022) convicting the defendant of seven counts of burglary. The judgment was unanimously affirmed. The defendant appealed, and the Appellate Division, First Department decided the appeal on May 6, 2025.