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PEOPLE v. IRVIN

43 N.Y.2d 704 (1977)

The People of the State of New York, Respondent, v. Ronnie I. Irvin, Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

Peter L. Yellin, Public Defender (Stephen G. Cheikes of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), for respondent.

Chief Judge BREITEL and Judge JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

There is sufficient proof to sustain the jury's implicit finding that in the early morning hours of October 19, 1973 an attempt had been made to break into the grocery store at 58 Lowell Street. In prompt response to the ensuing police call, Detective Evans, with a fellow officer, finding no one in front of the building...

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