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PEOPLE v. SANDOVAL

56 A.D.3d 253 (2008)

866 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS SANDOVAL, Appellant.

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

November 6, 2008.

As the Court of Appeals has stated: "Under the former Penal Law, a person entering with the owner's consent could nevertheless be guilty of burglary if the consent was obtained by `threat or artifice' (former Penal Law §§ 402, 403, 404, 400 [3]; see, Denzer & McQuillan, Practice Commentary, McKinney's Cons Law of NY, Book 39, Penal Law § 140.00, at 341 [1967]). Although the current Penal Law does not include...

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