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PEOPLE v. ARMSTRONG

11 A.D.3d 721 (2004)

783 N.Y.S.2d 134

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER L. ARMSTRONG, Appellant.

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

October 21, 2004.

Mercure, J.P.

Defendant was indicted for the crime of burglary in the second degree in connection with an incident that occurred in October 1999 at the home of Shirley Balko (hereinafter the victim). After finding a man hiding behind the door to a second-story bedroom in her house at approximately 4:00 A.M., the victim fled, called 911 and provided a description of the man. The victim provided a second, more detailed description to State

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