PEOPLE v. MEZZACAPPO


55 A.D.2d 902 (1977)

The People of the State of New York, Appellant, v. Leonard Mezzacappo, Respondent

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

January 3, 1977


Order reversed, on the law and the facts, and motion denied.

The record discloses that Vivian Aronson, the identifying witness, through her kitchen window and at a distance of 25 feet, saw a young male park his car and walk in the direction of the apartment of Mrs. Gerstl, a neighbor. He returned a short time later carrying a portable television set in one hand and a large, strangely familiar carton in the other. When she learned, that same afternoon, that Mrs. Gerstl...

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