PEOPLE v. SCOTT


188 A.D.2d 932 (1992)

The People of the State of New York, Respondent, v. Peter A. Scott, Appellant

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

December 31, 1992


Casey, J.

On May 12, 1990, Jacob Triffo and his wife, who resided on Murray Street in the City of Binghamton, Broome County, were awakened by the sounds of an intruder walking in the unoccupied second floor of their home. Triffo, aged 70 years, took a hammer and a flashlight with him to the second floor to investigate. Defendant, who was then unknown to Triffo, was found hiding in a small space between a bed and a wall. Defendant smelled of alcohol. When...

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