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People v. Castillo

New York Court of Appeals

391 N.E.2d 997 (1979)

Facts

Leonel Castillo (defendant) was charged with crimes related to two separate events. First, Castillo was charged with robbery, burglary, and sexual abuse for allegedly breaking into an apartment bedroom, stealing money, and sexually abusing the resident on August 27, 1975. Second, Castillo was charged with attempted burglary when the residents of that same apartment allegedly saw him walking on one of the apartment’s window ledges on August 29, 1975. The trial court convicted Castillo of all charges. The appellate court dismissed the charges related to August 27, finding a substantial possibility of misidentification. The appellate court upheld the attempted-burglary conviction related to August 29 but remanded for resentencing to permit the trial court to remove any taint the dismissed charges had on the sentencing. Castillo appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fuchsberg, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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