| People v Everson |
| 2025 NY Slip Op 04364 [240 AD3d 1347] |
| July 25, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Terry J. Everson, Appellant. (Appeal No. 2.) |
Frank H. Hiscock Legal Aid Society, Syracuse, Banasiak Law Office, PLLC (Piotr Banasiak of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (David D. Bassett of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Onondaga County (Gordon J. Cuffy, A.J.), rendered September 13, 2022. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree and grand larceny in the fourth degree.
It is hereby ordered that the judgment so appealed from is affirmed.
Same memorandum as in People v Everson ([appeal No. 1] 240 AD3d 1343 [4th Dept 2025]).
All concur except Ogden, J., who dissents and votes to reverse in accordance with the same dissenting memorandum as in People v Everson ([appeal No. 1] 240 AD3d 1343 [4th Dept 2025]). Present—Whalen, P.J., Bannister, Ogden, Greenwood and Keane, JJ.