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PEOPLE v. GRAHAM

14 Misc.3d 18 (2006)

829 N.Y.S.2d 411

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE GRAHAM, Appellant.

Supreme Court, Appellate Term, Second Department.

November 24, 2006.

Attorney(s) appearing for the Case

Gary E. Eisenberg, New City, for appellant.

Francis D. Phillips II, District Attorney, Goshen (Daniel M. Reback of counsel), for respondent.

RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction affirmed.

The accusatory instrument, which charged defendant with unlawful imprisonment in the second degree (Penal Law § 135.05) and unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [3]), alleged, inter alia, that defendant entered an automobile dealership and asked to test-drive a vehicle. While test-driving the...

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