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PEOPLE v. BURGOS

82 Misc.2d 353 (1975)

The People of the State of New York, Plaintiff, v. Roland Burgos and Rafael Aviles, Defendants.

Criminal Court of the City of New York, New York County.

June 5, 1975

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Matthew Crosson and Renee E. Kamm of counsel), for plaintiff. William Gallagher and James A. Yates for Roland Burgos, defendant. William Gallagher and Gregory Cooper for Rafael Aviles, defendant.

E. LEO MILONAS, J.

These two cases were consolidated into one opinion for the identical issue involved, namely, the constitutionality of section 165.25 of the Penal Law ("jostling").

The facts of the two cases are as follows:

In People v Burgos, the defendant was observed placing his hand into the pocket of another man and removing a wallet therefrom. In People v Aviles, the defendant...

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