Court of Appeals – Burglary: People v. Williams

New York State Court of Appeals

Burglary — Intent to commit crime

People v. Williams

No. 10

Memorandum

Background: The defendant argued that the evidence was legally insufficient to support his conviction of burglary in the third degree. The defendant was charged based on his trespass on the premises of a CVS store with the intent to steal Red Bull energy drinks.

Ruling: The Court of Appeals affirmed. The court noted that a person is guilty of burglary in the third degree when such person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. The Court of Appeals held that the intent element was satisfied, noting that surveillance footage depicted the defendant engaging in behavior outside and inside the store that a jury could rationally view as furtive. Furthermore, the store manager testified that when she told the defendant to stop and give her the Red Bull, he became upset, slammed the items down, and left without protest. Finally, the defendant’s statements to the police during his interview, which included an admission of his intent to steal even if he claims those statements were referencing a separate incident.

Ayushe Misra for the appellant; Anna Notchick for the respondent.

Oral argument video

Transcript