PEOPLE v. DE CHIARO


48 A.D.2d 54 (1975)

The People of the State of New York, Respondent, v. Robert J. De Chiaro and Robert G. Lutz, Appellants

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

May 8, 1975


Attorney(s) appearing for the Case

Kohn, Bookstein & Karp (Gerald Alch, admitted pro hac vice, and John A. Daly of counsel), for appellants.

Donald J. Shanley, Special Prosecutor, for respondent.

HERLIHY, P. J., GREENBLOTT, MAIN and REYNOLDS, JJ., concur.


LARKIN, J.

The testimony in this case is that the State Police, acting on intelligence that there would be a robbery or burglary at a hotel in Rensselaer County, staked out the premises. On the night of January 27, 1973 defendants, one of whom was armed, appeared at the hotel and entered through a window. They were caught inside the beams of police flashlights and recognized from pictures previously given to the...

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