PEOPLE v. MITCHELL


55 A.D.3d 1048 (2008)

865 N.Y.S.2d 396

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

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

October 23, 2008.


Kavanagh, J.

During the early morning hours of December 15, 2005, Jenni Pomeroy and Tarence Williams were asleep in the home that they shared with their child when they were suddenly awoken by a man wielding a handgun and demanding money. Pomeroy was able, during the course of the confrontation, to leave the bedroom, close herself in a bathroom and, after hearing the intruder leave the residence, dial 911. During the call, she identified defendant as the intruder...

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