PEOPLE v. MARSHALL


90 Misc.2d 531 (1977)

The People of the State of New York, Plaintiff, v. Gary E. Marshall, Defendant.

District Court of Suffolk County.

May 17, 1977


Attorney(s) appearing for the Case

Henry F. O'Brien, District Attorney, Robert A. Melillo for defendant. (Harry Organek of counsel), for plaintiff.


ANGELO MAUCERI, J.

The charge is petit larceny. The defendant allegedly stole one reversible drill and one sander from Korvettes Department Store. The matter came before the court on April 20, 1977, for trial. The case was marked ready by the People and the defendant. Just prior to jury selection defense counsel made a motion to dismiss on the following facts which are not disputed by the People. He stated that the evidence was not in court and would...

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