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PEOPLE v. JOHN BB

81 A.D.2d 188 (1981)

The People of the State of New York, Respondent, v. John BB. and Stephen CC., Appellants.

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

June 18, 1981

Attorney(s) appearing for the Case

David Cohen for John BB., appellant.

Kleinman & Rosenberg (Abraham Kleinman of counsel), for Stephen CC., appellant.

Joseph Jaffe, District Attorney (Frank J. Labuda of counsel), for respondent.

MAHONEY, P. J., MAIN and YESAWICH, JR., JJ., concur with HERLIHY, J.; MIKOLL, J., concurs in the result only.

HERLIHY, J.

On December 19, 1979, the New York State Police became aware that about 40 burglaries of vacant summer cottages had occurred in the remote, sparsely populated area of the Anawanda-Tennanah Lake region of Sullivan County.

Investigator Connors undertook a surveillance of the area on December 21, 1979, commencing with a report at about 6:00 P.M. on that date that a vehicle was observed in the area. Investigation of that report resulted...

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