STATE v. BURKE

No. 2010-202.

33 A.3d 1194 (2011)

162 N.H. 459

The STATE of New Hampshire v. Robert BURKE.

Supreme Court of New Hampshire.

Opinion Issued: September 22, 2011.


Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( Thomas E. Bocian , assistant attorney general, on the brief and orally), for the State.

Pamela E. Phelan , assistant appellate defender, of Concord, on the brief and orally, for the defendant.


DUGGAN, J.

The defendant, Robert Burke, appeals a decision by the Trial Court (Garfunkel, J.) denying his motion to dismiss the charge of criminal restraint. See RSA 633:2 (2007). We affirm.

The record reveals the following facts. On the morning of February 2, 2009, eighty-three-year-old Monna Greenstreet was home alone when she saw the defendant standing in the area between her kitchen and family room. He was holding a knife and demanded $75...

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