PEOPLE v. LOZADA


41 A.D.3d 1042 (2007)

839 N.Y.S.2d 275

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO LOZADA, Appellant.

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

Decided June 21, 2007.


Peters, J.

Following a jury trial, defendant was convicted of burglary in the third degree and sentenced to 2 to 6 years in prison. At trial, there was testimony of, among others, Timothy Vogler and Mark Hess, two police officers who responded to an early morning complaint of noises from the tenant who lived above a bar which was closed for remodeling. Vogler arrived first and discovered two people inside. Joined by Hess, they pursued the intruders on foot but only...

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