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PEOPLE v. CARVER

No. 76

27 N.Y.3d 418 (2016)

33 N.Y.S.3d 857

53 N.E.3d 734

2016 NY Slip Op 04322

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY CARVER, Appellant.

Court of Appeals of New York.

Decided June 7, 2016.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Scott Myles of counsel), for respondent.

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM and STEIN concur; Judge FAHEY taking no part.

OPINION OF THE COURT

Following a jury trial, defendant was convicted of two counts of burglary in the second degree (Penal Law § 140.25 [2]). The evidence established that defendant was in the front passenger seat of a vehicle that was stopped by a police officer who observed...

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