PEOPLE v. WARREN


76 N.Y.2d 773 (1990)

The People of the State of New York, Respondent, v. Dannell Warren, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 1990.


Attorney(s) appearing for the Case

Richard Joselson and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (Randa D. Maher and Jay M. Cohen of counsel), for respondent.

Chief Judge WACHTLER and Judges TITONE, HANCOCK, JR., and BELLACOSA concur; Judge KAYE dissents and votes to reverse in an opinion in which Judges SIMONS and ALEXANDER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of second degree burglary and related offenses. The evidence at his jury trial included the complainant's testimony identifying defendant as the person whom she saw in her bedroom just before she screamed, prompting the intruder to flee. There was also identification testimony from the complainant's brother, who had been sitting...

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