PEOPLE v. ST. MARTINE


160 A.D.2d 35 (1990)

The People of the State of New York, Respondent, v. Jean St. Martine, Appellant

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

July 26, 1990


Attorney(s) appearing for the Case

Robert M. Raciti of counsel (Sylvia Wertheimer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Lawrence K. Marks of counsel (Philip L. Weinstein, attorney), for appellant.

ROSENBERGER and ELLERIN, JJ., concur with MILONAS, J. P.; SMITH, J., concurs in a separate opinion.


MILONAS, J. P.

Defendant was convicted, following a jury trial, of various counts of burglary in the first degree, attempted robbery in the first degree, criminal possession of a weapon in the second and third degrees and criminal possession of stolen property in the second degree. In that regard, the evidence clearly demonstrates that on the afternoon of July 1, 1986, defendant entered an apartment located at...

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