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PEOPLE v. DUNCAN

77 A.D.2d 909 (1980)

The People of the State of New York, Appellant, v. Maurice Duncan, Respondent

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

August 11, 1980

Order affirmed.

No opinion.

Martuscello, J., dissenting.

On November 22, 1976, at approximately 8:00 P.M., defendant and two others entered Chester Gaskin's clothing store, "Unique Fashion", located at Bedford Avenue and Fulton Street in Kings County. Present in the store at the time were Chester Gaskin, Henry Assam, Anthony Pierre and Trevor Osborne. One half of the business consisted of selling clothing and the other half marihuana....

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