People v. Cajigas, 19 N.Y.3d 697 (2012)

The intent to commit a crime element of burglary can be satisfied by the intent to engage in conduct that would be legal but for the existence of a valid order of protection, excluding violations of the stay-away provision itself.

Summary

Norman Cajigas was convicted of attempted burglary based on violating an order of protection. The New York Court of Appeals addressed whether the intent element of burglary could be satisfied by intending to commit an act that is only illegal because of the order of protection. The Court held that it could, provided the intended act goes beyond simply violating the stay-away provision. The Court reasoned that any crime, including those defined by protective orders, can satisfy the intent element of burglary. The Court also noted the role of prosecutorial discretion in ensuring appropriate charges are filed, especially in cases where the violation might seem minor.

Facts

Maria obtained an order of protection against Cajigas after he became abusive. The order required him to stay away from her residence and refrain from contacting her. Cajigas violated the order multiple times, including going to her home. Maria and her daughter moved, but Cajigas continued to stalk her. One day, Maria’s daughter was home alone when she heard someone trying to open the door. She saw Cajigas through the peephole. Cajigas fled after the daughter spoke to him.

Procedural History

Cajigas was indicted for attempted burglary and criminal contempt. At trial, the defense argued that the intent element of burglary could not be satisfied by the intent to commit an act that would not be illegal but for the order of protection. The trial court rejected this argument and instructed the jury that the intent element is established if Cajigas intended to violate a provision in the order other than the stay-away restriction. Cajigas was convicted. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the intent to commit a crime element of burglary may be satisfied by an intent to commit an act that would not be illegal in the absence of an order of protection.

Holding

Yes, because any crime, including those defined by an order of protection (excluding the stay-away provision itself), can satisfy the intent element of burglary.

Court’s Reasoning

The Court of Appeals reasoned that the burglary statute requires a trespass coupled with the intent to commit a crime. While People v. Lewis established that the unlawful entry element of burglary cannot be based solely on violating the stay-away provision of an order of protection, it did not preclude the use of other violations of the order to establish the “intent to commit a crime therein” element. The Court emphasized that the People are not required to prove the particular crime the defendant intended to commit inside the structure. The court stated, “aside from a violation of a stay-away provision, conduct that is “prohibited by an order of protection . . . can serve as predicate crimes for the ‘intent to commit a crime therein’ element of burglary”.

The Court acknowledged that burglary charges based on violations of orders of protection could lead to serious felony convictions and prison sentences, potentially disproportionate to the underlying conduct. However, it emphasized that prosecutorial discretion allows the District Attorney to file appropriate charges based on the specific facts of the case. The Court noted that in this case, Cajigas’s persistent and blatant disregard of the orders of protection warranted the attempted burglary conviction.