PEOPLE v. HARRIS


64 A.D.3d 883 (2009)

883 N.Y.S.2d 621

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN HARRIS, Appellant.

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

Decided July 9, 2009.


Malone Jr., J.

In April 2005, a couple returned to their home in the City of Schenectady, Schenectady County to find that it had been burglarized. While the victims were calling the police, defendant emerged from their house carrying a tote bag. The husband and a neighbor began to chase after defendant, who was apprehended by the police shortly thereafter and charged with burglary in the second degree. Prior to trial, County Court conducted a combined Wade...

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