Apply your new skills in legal analysis and analogizing and distinguishing cases to the Instant Case scenario below, after retrieving and reviewing the cases listed.
1. First, read the Instant Case below.
Defendant was convicted 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, the defendant wanted the lesser crime of burglary in the third degree submitted to the jury, but that was denied. Defendant appealed his conviction on the basis that the lesser crime of burglary in the third degree should have been submitted to the jury.
2. Next, find and read these three cases regarding burglary:
- People 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)
3. Now, answer the following questions:
- Which of the burglary 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? What arguments could you make to persuade the judge as to which cases are most analogous to yours?
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