PEOPLE, res, v. BALDEMIRO LOPEZ, def-ap

3017. PEOPLE, res, v. BALDEMIRO LOPEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for res — Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 28, 2015, convicting defendant, after a jury trial, of burglary in the second degree, criminal contempt in the first and second degrees, endangering the welfare of a child (two counts) and resisting arrest, and sentencing him to an aggregate term of eight years, unanimously affirmed.

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3017. PEOPLE, res, v. BALDEMIRO LOPEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for res — Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 28, 2015, convicting defendant, after a jury trial, of burglary in the second degree, criminal contempt in the first and second degrees, endangering the welfare of a child (two counts) and resisting arrest, and sentencing him to an aggregate term of eight years, unanimously affirmed.

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]). The evidence warranted an inference that, beyond his unlawful entry into the victim’s apartment, defendant intended to violate another provision of the order of protection obtained by the victim against him, namely the provision requiring him to stay away from her and to not communicate with her (see People v. Cajigas, 82 AD3d 544, 545 [1st Dept 2011], affd 19 NY3d 697 [2012]). The evidence also demonstrated defendant’s pattern of violent and hostile behavior toward the victim, permitting the inference that he intended to enter the apartment in order to assault or threaten her (see People v. Polanco, 279 AD2d 307, 308 [1st Dept 2001], lv denied 96 NY2d 833 [2001]; People v. Melendez, 206 AD2d 270, 271 [1st Dept 1994], lv denied 84 NY2d 870 [1994]).

PEOPLE, res, v. BALDEMIRO LOPEZ, def-ap

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