PEOPLE v. GONZALES


48 A.D.3d 698 (2008)

852 N.Y.S.2d 333

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO GONZALES, Appellant.

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

Decided February 19, 2008.


Ordered that the judgment is affirmed.

On November 17, 1999 the defendant and his cousin entered an elderly woman's apartment, intending to steal her television. During the burglary, the woman, who was home, was smothered to death with a pillow. The defendant was later apprehended, and charged with felony murder.

At trial, evidence was introduced that the defendant told a detective that when he discovered that the victim was home, he fled her apartment. Thus...

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