PEOPLE v. MITCHELL


39 A.D.3d 357 (2007)

833 N.Y.S.2d 488

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS MITCHELL, Appellant.

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

Decided April 19, 2007.


The grand jury indicted defendant for one act of burglary after hearing evidence of two entries into the same premises. Although the People's bill of particulars, in setting forth the time of the crime, referred only to the first entry, the trial jury, like the grand jury, heard evidence of both entries. The court ultimately instructed the jury, without objection, that it could convict defendant of burglary on the basis of either of the two acts, or both, so long as the verdict...

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