1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 17 N.Y.3d
  5. 17 N.Y.3d 941 (2011)
 

PEOPLE v. CRUZ

No. 210

17 N.Y.3d 941 (2011)

960 N.E.2d 430

936 N.Y.S.2d 661

2011 NY Slip Op 8454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALDO CRUZ, Appellant.

Court of Appeals of New York.

Decided November 22, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Appeals Bureau, Riverhead ( Kirk R. Brandt and Robert C. Mitchell of counsel), for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Glenn D. Green and Michael Brennan of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur in memorandum; Chief Judge LIPPMAN concurs in result in an opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Naomi Edwards encountered an intruder in the kitchen of her home in Brentwood, Suffolk County, on the afternoon of January 3, 2007. The man appeared to her to be "Puerto Rican or ... light skinned African American." He pulled a baseball cap down over his face and ran out of her house.

Edwards's neighbor, Raquel Oliveria, had seen...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases