PEOPLE v. HENSON, JR.


263 A.D.2d 550 (1999)

692 N.Y.S.2d 778

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN B. HENSON, JR., Appellant.

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

Decided July 1, 1999.


Yesawich Jr., J.

As his victim lay sleeping in his home which is located in the Town of Springfield, Otsego County, defendant entered the house and proceeded to steal, among other things, a compact disc player and the victim's wallet. While in the victim's bedroom pilfering the wallet, defendant, fearing that the victim had been awakened, struck him with a baseball bat. The victim died shortly thereafter.

One week after this occurred, defendant was interviewed...

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