PEOPLE v. MEZZACAPO


105 A.D.2d 808 (1984)

The People of the State of New York, Respondent, v. Leonard Mezzacapo, Appellant

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

November 19, 1984


Judgment reversed, on the law, and new trial ordered. The questions of fact have been considered and have been determined to be established.

Defendant was charged with breaking into complainant's apartment on February 6, 1981 and causing her injury by means of a knife. At trial, complainant testified that at 2:00 P.M. on the day in question she was reading in the bedroom of her Astoria apartment when she noticed the bedroom door move. Getting up to see if her husband...

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