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PEOPLE v. ALBURQUERQUE

112 A.D.2d 165 (1985)

The People of the State of New York, Respondent, v. Hector Alburquerque, Appellant

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

July 1, 1985

Judgment affirmed.

On May 14, 1983, defendant unlawfully entered the complainant's residence and, when discovered therein, pointed a 12-inch screwdriver at the complainant, instructed him to stay away, and fled the scene. The complainant however, pursued the defendant and apprehended him.

The main issue at trial concerned defendant's intent on unlawfully entering the premises. Defendant testified and stated that...

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