PEOPLE v. DIAZ


54 A.D.2d 543 (1976)

The People of the State of New York, Respondent, v. Israel Diaz, Appellant

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

September 28, 1976


Unanimously reversed, on the law, and the indictment as against him dismissed.

The charges stemmed from the theft of an automobile. The vehicle was located in a garage in which four men, including appellant, were present. Two were inside the vehicle, in the process of stripping it; two, including appellant, were standing alongside the vehicle. Several license plates belonging to other vehicles were nearby. In response to an on-the-scene inquiry by the police, appellant...

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