PEOPLE v. MARTINEZ


126 A.D.2d 942 (1987)

The People of the State of New York, Respondent, v. Jose Martinez, Appellant. (Appeal No. 1.)

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

January 23, 1987


Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum:

A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling and with intent to commit a crime therein causes physical injury to any person who is not a participant in the crime (Penal Law § 140.30 [2]). Defendant clearly is guilty of burglary in the first degree, but since there was but one entry...

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