PEOPLE v. DELVALLE

2016-02271, Ind. No. 2664/14.

172 A.D.3d 1090 (2019)

100 N.Y.S.3d 80

2019 NY Slip Op 03806

The People of the State of New York, Respondent, v. Eder L. Delvalle, Appellant.

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

Decided May 15, 2019.


Ordered that the judgment is affirmed.

The complainant and his partner lived in a studio apartment in the back of a house, which was owned by the defendant's mother, and the defendant lived in the front of the house. The complainant testified that on June 8, 2014, he arrived at home with his partner and proceeded through the gate into the backyard where the defendant and his friends had gathered. After the complainant did not completely close the gate to the backyard...

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