PEOPLE v. THOMAS

961 KA 16-00222.

199 A.D.3d 1398 (2021)

154 N.Y.S.3d 550

2021 NY Slip Op 06286

The People of the State of New York, Respondent, v. Antwan T. Thomas, Appellant.

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( DANIELLE C. WILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Curran and DeJoseph, JJ.


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 two counts of burglary in the first degree (Penal Law § 140.30[2], [3]) and one count of assault in the second degree (§ 120.05[2]). Contrary to defendant's contention, Supreme Court did not err in summarily denying his motion seeking to set aside the verdict pursuant to CPL 330.30(2) on the...

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