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PEOPLE v. FIGUEROA

219 A.D.2d 501 (1995)

631 N.Y.S.2d 331

The People of the State of New York, Respondent, v. Nicholas Figueroa, Appellant

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

September 19, 1995

Viewing the evidence in the light most favorable to the People, the essential elements of the second degree burglary charge were proven beyond a reasonable doubt (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932). The complainant, who undisputedly knew defendant as an acquaintance from the neighborhood, testified that defendant was the intruder in the complainant's apartment with whom he briefly struggled, and...

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