Court of Appeals of New York

Conviction of burglary, assault in the third degree, and endangering the welfare of a child, with appellate division reversing assault convictions, is affirmed over claims that: 1) defendant was entitled to a Penal Law section 35.05 charge for the burglary offense; 2) the appellate division should have reversed the burglary conviction because it was "contaminated" by the charging error associated with the assault counts; and 3) the trial court erred in precluding admission of photographs of an injury suffered by a person who was not present during the altercation involving defendant.

Appellate Information

• Decided 07/02/2007
• Published 07/02/2007

Judges

Court

• Court of Appeals of New York

Counsel