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PEOPLE v. CAPERS

KA 09-01169.

94 A.D.3d 1475 (2012)

942 N.Y.S.2d 731

2012 NY Slip Op 3051

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVON CAPERS, Appellant.

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

Decided April 20, 2012.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, two counts each of burglary in the first degree (Penal Law § 140.30 [3]) and criminal sexual act in the first degree (§ 130.50 [1]). As the People correctly concede, County Court erred in permitting a police investigator to testify that...

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