THEFT CRIMES Category Archives — Page 4 of 4 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

In order to convict someone of a crime in New York, the prosecution must establish each element of the offense. Under New York law, a burglary occurs when a person “knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Thus, in the case of a New York burglary charge, the prosecution must establish that the defendant 1.) knowingly entered or unlawfully remained 2.) in a building 3.) with the intent to commit a crime therein.

If the prosecution is unable to establish each of the elements beyond a reasonable doubt, then a defendant cannot be convicted of that offense. However, prosecutors typically charge multiple similar crimes, so if they are cannot convict a defendant of the lead charge they will still attempt to convict on a lesser charge. A recent state appellate decision illustrates this concept in the context of a burglary charge.

The Facts of the Case

According to the court’s opinion, the defendant allegedly assaulted a 14-year old girl and, as he was fleeing from the police, entered a person’s home without permission. While he was inside the house, the defendant allegedly stole several articles of clothing.

When courts determine a defendant’s sentence, one of the factors they consider is the defendant’s prior record. Typically, the more convictions a defendant has on their record, the harsher the penalty they can expect to receive.

New York lawmakers have prescribed an escalating punishment scheme for “second felony offenders.” Under New York Consolidated Laws § 70.06, a second felony offender is someone who has recently been convicted of a qualifying offense and has a qualifying predicate offense. The punishments for second felony offenders are mandatory, meaning a judge cannot exercise her discretion to impose a more lenient sentence, and are significantly increased over those for first-time felony offenders. A proficient New York criminal appeals attorney can break everything down further regarding the details of your specific case once you reach out to them.

When it comes to determining whether a previous conviction is a qualifying predicate offense, courts look both to the date of the sentence as well as the type of crime. In a recent case, a New York appellate court clarified that it the original date of sentencing that courts should look to when determining if someone qualifies as a second felony offender.

Articles Posted in THEFT CRIMES

New York Appellate Court Holds Evidence Was Insufficient to Sustain Defendant’s Burglary Conviction

Court Holds that New York Recidivist Statutes Look to Original Sentencing Date, Rather than a Subsequent Resentencing Date