People v. Bowen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1055Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), rendered June 22, 2004. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree and assault in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of burglary in the second degree and dismissing count three of the indictment and as modified the judgment is affirmed and the matter is remitted to Seneca County Court for proceedings pursuant to CPL 460.50 (5).
Memorandum:…
2Cases cited7 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GainesNew York Court of Appeals · 1989
- People v. PadroNew York Court of Appeals · 1990
- People v. KonikovAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LigginsAppellate Division of the Supreme Court of the State of New York · 2003
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