- Rread the Instant Case below.
- Instant Case
- Suspect was sentenced of the crime of second-degree burglary after it was proven that he broke into a single family residence at night and stole property from the residence. The property owners had been absent from the country for the previous 2 months on vacation. There was food in the refrigerator and once a week, a friend would stay overnight to watch the premises for the owners. During the course of the trial, Suspect wanted the lesser crime of burglary in the third degree submitted to the jury, but
that was denied. Suspect appealed his conviction on the basis that the lesser crime of burglary in the third degree should have been submitted to the jury.
- Following, find and read these three cases regarding burglary:oPeople v. Quattlebaum, 91 N.Y.2d 744 (1998) People v. Barney, 99 N.Y.2d 367 (2003) People v. Murray, 278 A.D.2d 898 (2000)
- Now, answer the following questions:Whichof theburglary cases is the most analogous to the Instant Case and why? Do you agree with your classmates' answers to this question? How are the remaining burglary cases distinguishable from the Instant Case? How would you describe the key issue/question presented in the Instant case? If you were the defense attorney in the instant case, what arguments would you make for your client? What if you were the prosecutor? What arguments could you make to persuade the judge as to which cases are most analogous to yours?