PEOPLE v. RODRIGUEZ

Ind No. 346/17. Appeal No. 13621. Case No. 2019-4520.

193 A.D.3d 554 (2021)

146 N.Y.S.3d 123

2021 NY Slip Op 02367

The People of the State of New York, Respondent, v. Christopher Rodriguez, Appellant.

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

Decided April 20, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( David Crow of counsel), and Patterson Belknap Webb & Tyler, LLP, New York ( Jake Walter-Warner of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, González, JJ.


Defendant was charged by indictment with attempted burglary in the second degree. It was alleged that he attempted to unlawfully enter an apartment at 451 West 44th Street, New York County, with the intent to commit a crime therein.

At trial, the tenant of the apartment testified that at around midnight on the day of the incident, as she was in her bedroom and readying for bed, she saw an intruder, whom she later identified...

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