PEOPLE v. MONTANEZ


225 A.D.2d 233 (1996)

651 N.Y.S.2d 253

The People of the State of New York, Appellant, v. Gulberto Montanez, Respondent

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

December 26, 1996


Attorney(s) appearing for the Case

Gerald F. Mollen, District Attorney of Broome County, Binghamton (Joseph F. Romani of counsel), for appellant.

Levene, Gouldin & Thompson, Binghamton (Scott R. Kurkoski of counsel), for respondent.

MIKOLL, J. P., CREW III, CASEY and PETERS, JJ., concur.


WHITE, J.

As a result of an incident in the Village of Endicott, Broome County, on September 8, 1995, defendant was arrested and charged with robbery in the second degree. On October 17, 1995 the case was presented to the Grand Jury and seven witnesses, including defendant and his girlfriend, testified. In addition, defendant's statement to the Endicott police was received in evidence. After being instructed...

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