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PEOPLE v. ROBINSON

60 N.Y.2d 982 (1983)

The People of the State of New York, Appellant, v. Hurley Robinson, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1983.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Kenneth R. Fisher of counsel), for appellant.

Edward J. Nowak, Public Defender (Peter D. Braun of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, SIMONS and KAYE concur; Judge MEYER dissents and votes to reverse in an opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On the morning of May 31, 1977, an employee of Volpe Motors in Rochester discovered that a new Lincoln Continental had been taken from the repair shop, where it was being readied for delivery. Later in the day the police found the car on a local street some distance from the dealer's place of business. Missing from the car were its wheels and tires...

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