PEOPLE v. DELGADO

2010-02458.

101 A.D.3d 1144 (2012)

956 N.Y.S.2d 579

2012 NY Slip Op 9080

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS DELGADO, Appellant.

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

December 26, 2012.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for a new trial.

The defendant's contention that the evidence was legally insufficient to support his conviction of burglary in the second degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable...

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