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PEOPLE v. ESPINOSA

No. 76.

40 N.Y.3d 1065 (2023)

225 N.E.3d 849

202 N.Y.S.3d 730

2023 NY Slip Op 05971

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE ESPINOSA, Appellant.

Court of Appeals of New York.

Decided November 21, 2023.

Attorney(s) appearing for the Case

Patricia Pazner, Appellate Advocates, New York City (Sam Feldman of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens (Amanda Iannuzzi and John M. Castellano of counsel), for respondent.

The Legal Aid Society, New York City (David Loftis, Jenny S. Cheung, Jessica Goldthwaite and J. David Pollock of counsel), for The Legal Aid Society, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered July 20, 2022. The Appellate Division affirmed a judgment of the Supreme Court, Queens County (Robert A. Schwartz, J.), which had convicted defendant, upon a jury verdict, of burglary in the second degree, possession of burglar's tools, and criminal mischief...

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