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PEOPLE v. GOMEZ

87 A.D.2d 829 (1982)

The People of the State of New York, Respondent, v. Rafael Gomez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 5, 1982

Judgment affirmed.

We reject defendant's contention that the People must prove beyond a reasonable doubt that a defendant has prior knowledge that his accomplices were armed with deadly weapons as an element of the offense of burglary in the second degree under section 140.25 (subd 1, par [a]) of the Penal Law. (See People v Mann, 102 Misc.2d 1101; Hechtman, Practice Commentaries, McKinney's Cons Laws of NY, Book 39,...

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