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PEOPLE v. MONTGOMERY

288 A.D.2d 909 (2001)

732 N.Y.S.2d 389

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL MONTGOMERY, Appellant.

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

Decided November 9, 2001.

Judgment unanimously affirmed.

Memorandum:

Defendant was convicted following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]), criminal possession of stolen property in the fifth degree (Penal Law § 165.40), assault in the second degree (Penal Law § 120.05 [3]), resisting arrest (Penal Law § 205.30), and escape in the third degree (Penal Law § 205.05). Contrary to defendant's contention, we conclude that the evidence...

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