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PEOPLE v. MARNER

47 N.Y.2d 982 (1979)

The People of the State of New York, Appellant, v. Nathaniel Marner, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Peter Weinstein of counsel), for appellant.

Leon R. Port for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur; Judge JONES dissents and votes to affirm in a separate opinion in which Judge MEYER concurs; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed.

At 4:30 A.M. on January 29, 1976 and shortly before the defendant was arrested, two police officers observed that a portion of the storefront at 510 Fulton Street in Brooklyn, occupied by the J. W. Mays Department Stores, had been shattered and that property was scattered and had been removed from the premises. At this hour the area is deserted, but...

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