(DOWNLOAD) "People State New York v. Leonel Castillo" by Court of Appeals of New York # Book PDF Kindle ePub Free

June 14, 2021

eBook details

Title: People State New York v. Leonel Castillo
Author : Court of Appeals of New York
Release Date : January 12, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

After a jury trial, defendant Leonel Castillo was convicted on charges that grew out of two separate criminal incidents two days apart. The counts relating to the earlier criminal episode -- first degree robbery, first degree burglary and first degree sexual abuse -- were dismissed by the Appellate Division on the facts and in the interest of justice. The case was then remanded for sentencing on the surviving count, one for attempted burglary that resulted from his participation in the later incident. Castillo now contends that there was no proof of his intention to commit attempted burglary and that that charge must now be dismissed or, alternatively, that in any event the jurys consideration of his guilt or innocence on that count was so infected (1) by the evidence and charge relating to the now dismissed counts, and (2) by evidence that he was walking around in the vicinity of the crimes on a day subsequent to his arrest that a new trial is required. For the reasons that follow, we agree that retrial and not dismissal is warranted.