Judgment reversed, on the law, and new trial ordered.
The facts have not been considered. On the morning of October 7, 1975, at approximately 2:30 A.M., the Nassau County Police observed a suspicious looking car parked behind a clothing store on Hempstead Avenue, West Hempstead. Upon investigation, it was discovered that the rear window of the premises was open. A bystander who had heard noises emanating from the premises and observed, for approximately 20 to 30 seconds...
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