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PEOPLE v. DEVONISH

6 N.Y.3d 727 (2005)

843 N.E.2d 1120

810 N.Y.S.2d 380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DEVONISH, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Jeffrey I. Richman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sandra E. Cavazos of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant was convicted of burglary in the second degree after he was found inside a locked church building with a bag containing the kinds of tools commonly used by burglars. A witness for the People, a general contractor for the church, testified that he stored his tools in the church basement and that one of the tools found in defendant...

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