PEOPLE v. HAWKINS


11 N.Y.3d 484 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYAN R. HAWKINS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN EDUARDO, Appellant.

Court of Appeals of the State of New York.

October 23, 2008.

Decided November 25, 2008.


Attorney(s) appearing for the Case

Richard W. Youngman, Conflict Defender, Rochester (Kimberly Czapranski and R. Adrian Soloman of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), for respondent.

Gregory C. Osakwe, Hartford, Connecticut, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Patricia Curran and Susan Gliner of counsel), for respondent.

Before: Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge KAYE.

The issue common to these otherwise unrelated criminal appeals is the preservation for this Court's review of defendants' challenge to the legal sufficiency of the evidence.

People v Hawkins

On November 27, 2002, at approximately 2:00 P.M., Thomas Gallina called 911 and reported that someone with a hammer was breaking into his home. The operator heard Gallina yell for the intruder to leave and...

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