PEOPLE v. CUNNINGHAM


73 A.D.2d 976 (1980)

The People of the State of New York, Respondent, v. Richard Cunningham, Appellant

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

January 28, 1980


Judgment affirmed.

Defendant stole a billfold from a shoulder bag being worn by a decoy policeman. At the time of the larceny, the policeman was sitting on a step on a stairway leading to a subway station with his right shoulder against the wall, and with the strap of the shoulder bag around his left shoulder. The shoulder bag from which defendant removed the billfold was "more or less hanging" on the officer's back. We hold that under these facts, the billfold was...

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