PEOPLE v. ANGEL


158 A.D.2d 145 (1990)

The People of the State of New York, Respondent, v. Terry Angel, Appellant

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

June 28, 1990


Attorney(s) appearing for the Case

Paul Harnisch of counsel (Susan Corkery with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Karen M. Kalikow of counsel (Philip L. Weinstein, attorney), for appellant.

SULLIVAN, J. P., ASCH, KASSAL and RUBIN, JJ., concur.


SMITH, J.

In this appeal of a murder conviction, we conclude that the judgment must be reversed and the indictment dismissed. No evidence placed the defendant in the apartment at the time of the assault or led to the conclusion that he had assaulted the deceased.

During the course of a burglary of a West 146th Street apartment, occurring sometime before 5:00 A.M. on June 13, 1985, Walter Grant, an occupant...

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