PEOPLE v. HERNANDEZ


7 Misc.3d 568 (2005)

794 N.Y.S.2d 788

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RAFAEL HERNANDEZ, Defendant.

Supreme Court, New York County.

January 6, 2005.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Peter Hinckley of counsel), for plaintiff.

Theodore M. Herlich, New York City, for defendant.


OPINION OF THE COURT

BUDD G. GOODMAN, J.

The defendant has been indicted in connection with three alleged apartment burglaries. In count two of the indictment he is charged with burglary in the second degree, and accused of entering 210 West 94th Street, apartment 3-E, sometime between December 30, 1999 and January 2, 2000, with intent to commit a crime therein. The only evidence linking the defendant to the crime...

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