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PEOPLE v. FIAMMEGTA

No. 19

14 N.Y.3d 90 (2010)

923 N.E.2d 1123

896 N.Y.S.2d 735

2010 NY Slip Op 1344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT FIAMMEGTA, Appellant.

Court of Appeals of New York.

Decided February 16, 2010.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Morgan J. Dennehy, and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

In January 2006, defendant Vincent Fiammegta was arrested and charged with two counts each of second-degree burglary, third-degree burglary, second-degree criminal trespass, third-degree criminal trespass, fourth-degree criminal mischief, fifth-degree criminal possession of stolen property, and petit larceny. The charges were based on allegations that he broke into two apartment buildings...

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