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PEOPLE v. BRITT

52 A.D.2d 811 (1976)

The People of the State of New York, Respondent, v. Mac Arthur Britt, Appellant

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

May 20, 1976

This defendant was charged with robbing the same individual, at the latter's small grocery store, on four different occasions. In view of the repetition of defendant's acts the subject premises were staked out and, when defendant returned thereto, he was seized. We agree with our dissenting colleague that the Trial Justice erred in failing to charge in accordance with CPL 300.10 (subd 2). We cannot understand why it was not done...

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