PEOPLE v. RIVERA


247 A.D.2d 494 (1998)

668 N.Y.S.2d 680

The People of the State of New York, Respondent, v. Hector Rivera, Appellant

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

February 9, 1998


Ordered that the judgment is affirmed.

The complainant testified at the independent source hearing that on the day in question he was sitting in his living room when the defendant entered his home and began examining his wife's antiques, unaware of his presence. After watching the intruder for roughly two full minutes, the complainant confronted him, and ultimately put him out of the house. It was established at the hearing that the complainant: (1) had an adequate...

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