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PEOPLE v. HURTADO

116 Misc.2d 897 (1982)

The People of the State of New York, Plaintiff, v. Jessie Hurtado and Luis Parra, Defendants.

Criminal Court of the City of New York, New York County.

December 6, 1982

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Doreen Etingen of counsel), for plaintiff. Caesar Cirigliano and Mary H. Sandoval for Jessie Hurtado, defendant. Harry A. Bussel for Luis Parra, defendant.

ALAN I. FRIESS, J.

The issue in this case is one that confronts our courts on a daily basis. Surprisingly, there are no reported cases on point.

In the same accusatory instrument defendants are accused of the class A misdemeanors of attempted grand larceny in the third degree (Penal Law, §§ 110.00, 155.30), possession of burglar's tools (Penal Law, § 140.35), and criminal mischief in the fourth degree (Penal Law, § 145.00)...

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