People v. Romero, 101 A.D.3d 560 (N.Y. App. Div. 2012). · Go Syfert
People v. Romero, 101 A.D.3d 560 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Cesar Romero
Appellate Division of the Supreme Court of the State of New York.
Dec 20, 2012.
Published opinion
101 A.D.3d 560
Published

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s criminal intent could be readily inferred from the surrounding circumstances (see generally People v Mackey, 49 NY2d 274, 278-279 [1980]). Defendant’s presence in a walk-in closet inside an apartment in the early morning hours, with his hands above his head near a jewelry box, provided ample evidence that defendant entered the apartment with intent to commit a crime therein. The jury properly rejected the implausible explanation that defendant offered for his actions (see e.g. People v Jenkins, 213 AD2d 279 [1st Dept 1995], lv denied 85 NY2d 974 [1995]). Concur— Andrias, J.P., Saxe, Moskowitz, Freedman and Abdus-Salaam, JJ.