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PEOPLE v. ALMETER

12 N.Y.3d 591 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMY ALMETER, Appellant.

Court of Appeals of New York.

Decided June 24, 2009.

Attorney(s) appearing for the Case

Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for appellant.

Lawrence Friedman, District Attorney, Batavia (Robert R. Zickl of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Based upon an incident occurring at complainant's home, defendant Jeremy Almeter was charged, by distinct accusatory instruments, with assault in the third degree and trespass. The trespass charge, a violation, was based upon the allegation that, at approximately 2:00 A.M. on October 18, 2005, defendant refused to leave complainant's property after complainant had asked him to do so. The assault charge, a misdemeanor...

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