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PEOPLE v. BURCH

510412.

90 A.D.3d 1429 (2011)

936 N.Y.S.2d 351

2011 NY Slip Op 9554

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH E. BURCH Jr., Appellant.

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

Decided December 29, 2011.

EGAN JR., J.

Following a nonjury trial, defendant was convicted in April 2005 of burglary in the second degree, attempted sexual abuse in the first degree and unlawful imprisonment in the second degree after he forcibly entered a young woman's apartment while he was intoxicated and attempted to sexually assault her (People v Burch, 45 A.D.3d 1188 [2007]). County Court (Mathews, J.) thereafter sentenced defendant as a second...

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