PEOPLE v. TUOMEY


17 A.D.2d 247 (1962)

The People of the State of New York, Respondent, v. Andrew Tuomey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 19, 1962.


Attorney(s) appearing for the Case

David Romanoff for appellant.

William Cahn, District Attorney (Beryl I. Dulsky of counsel), for respondent.

KLEINFELD, CHRIST and HOPKINS, JJ., concur with HILL, J.; BELDOCK, P. J., dissents and votes to affirm, with opinion.


HILL, J.

Defendant was charged with breaking and entering a delicatessen store in Nassau County late Friday night, December 30, 1960, or during the early hours of the next morning, by breaking the front glass door and stealing $5 from the cash register.

On that morning defendant was apprehended by the police and was taken to the First Precinct Station House in Baldwin. There he remained from about 12:55 P.M. until 3:27 P.M., during which time...

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