PEOPLE v. PETERSON


96 A.D.2d 683 (1983)

The People of the State of New York, Respondent, v. Frank Lee Peterson, Appellant

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

July 28, 1983


The facts are undisputed. Sometime between the hours of 8:00 A.M. and 1:00 P.M. on April 2, 1981, someone entered the home of James Cooper and stole checks, savings passbooks and assorted coins. At trial the evidence showed that defendant, a black male, lived near the Cooper residence at the time of the burglary. On the morning of the crime, a neighbor saw two black males, both unidentified, walk past the Cooper home. There was nothing inherently suspicious about their actions...

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