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Fourth Department — Burglary: People v. Freeman
Daily Record Staff//March 1, 2013//
Listen to this articleAppellate Division, Fourth Department
Underlying Crime
People v. Freeman
KA 11-02162
Appealed from Erie County Court
Background: The defendant challenged his conviction, after jury trial, of third-degree burglary on the grounds that it was legally insufficient to establish his intent to commit a crime.
Ruling: Conviction was affirmed. The people were required only to prove the defendant’s general intent to commit a crime in the building, not his intent to commit a specific crime. Nor were the people required to prove that the defendant actually committed the intended crime.
Sherry A. Chase for the defendant; David Panepinto for the Erie County District Attorney’s Office
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