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PEOPLE v. MERCEDES

234 A.D.2d 144 (1996)

651 N.Y.S.2d 456

The People of the State of New York, Respondent, v. Jose Mercedes, Appellant

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

December 17, 1996

Defendant's claims regarding the deficiencies in the trial court's charge were properly preserved for appellate review (CPL 470.05 [2]). Upon our review, we find that reversal is required by the court's failure to convey the correct legal standard to allow the jury to properly determine the defendant's guilt of burglary in the third degree (Penal Law § 140.20).

A person commits burglary in the third degree when he or...

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