PEOPLE v. MADERA


24 A.D.3d 278 (2005)

808 N.Y.S.2d 181

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSVALDO MADERA, Appellant.

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

December 22, 2005.


Testimony elicited at trial indicates that at approximately 7:00 A.M. on July 27, 2001, defendant rang the apartment doorbell of Anna Nunez. Nunez testified that she looked through the peephole and saw defendant, who was saying something which she could not understand, and also saw her neighbor, Grace Albanese, who was 88 years old at the time, opening the door to her apartment. Nunez then heard Albanese "crying" and observed defendant placing his hand over her mouth.

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