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People v. Lee Mack

The People of the State of New York v. Clifford Lee Mack

People v. Mack, 59 A.D.2d 1052 (1977)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 14, 1977
Citations
59 A.D.2d 1052400 N.Y.S.2d 5031977 N.Y. App. Div. LEXIS 14340

Opinion of the Court

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Judgment unanimously modified in accordance with memorandum and, as modified, affirmed. Memorandum: As the District Attorney commendably acknowledged, Trial Term erred in denying defendant’s request for a charge that the jury could find defendant guilty of criminal trespass as a lesser included crime of burglary, third degree (People v Henderson, 41 NY2d 233 ; People v Long, 40 AD2d 984 ). Defendant’s conviction of burglary, third degree, therefore, must be reversed and a new trial granted on that count. Defendant’s confession of possession of the weapon was sufficiently corroborated (see People v Spillman, 309 NY 295 ; People v Lo Turco, 256 App Div 1098 , affd 280 NY 844 ); and so the judgment is otherwise affirmed. (Appeal from judgment of Monroe Supreme Court— burglary, third degree.) Present—Simons, J. P., Hancock, Jr., Denman, Goldman and Witmer, JJ.

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Cited by 0 cases

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Authorities cited 4

DepthCaseCited by
People v. Spillman, 130 N.E.2d 625 (N.Y. 1955) 24
People v. Turco, 256 A.D. 1098 (1939) 10
People v. Turco, 21 N.E.2d 888 (N.Y. 1939) 9
People v. Long, 40 A.D.2d 984 (1972) 1

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