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PEOPLE v. VASQUEZ

85 Misc.2d 851 (1976)

The People of the State of New York, Respondent, v. Antonio Vasquez, Appellant.

Supreme Court, Appellate Term, First Department.

January 28, 1976

Attorney(s) appearing for the Case

William E. Hellerstein, William J. Gallagher and Christopher B. Kende for appellant. Robert M. Morgenthau, District Attorney, (Peter L. Zimroth and Ronni L. Mann of counsel), for respondent.

MARKOWITZ, P. J., and TIERNEY, J. concur in a memorandum; RICCOBONO, J., dissents in a separate memorandum.

Per Curiam.

Indisputably defendant possessed bolt cutters and he and a coconspirator were observed in the process of cutting a bicycle chain with the bolt cutters, without permission of the owner of the bicycle, when dissuaded from completing the act. In this frame of reference, the bolt cutters clearly constituted burglar's tools and we agree with the well-reasoned opinion of the Trial Judge (JULIAN A. HERTZ, J....

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