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PEOPLE v. MITCHELL

10 N.Y.3d 819 (2008)

888 N.E.2d 1041

859 N.Y.S.2d 99

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

Court of Appeals of the State of New York.

Decided April 24, 2008.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel, LLP, New York City (Darren LaVerne of counsel), and Legal Aid Society (Steven Banks and John Schoeffel of counsel) for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen and Vincent Rivellese of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At around 1:30 A.M. on August 28, 2004, defendant and codefendant Charles May were observed by the superintendent of a neighboring building prying open the door of 18 East 16th Street in Manhattan and entering the building. At some point thereafter, the two were seen leaving the building. By the time the police arrived...

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