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PEOPLE v. DELMONICO

94 A.D.2d 773 (1983)

The People of the State of New York, Respondent, v. Jerry Delmonico, Appellant

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

May 23, 1983

On May 21, 1981, at approximately 7:30 P.M., police officer Telinbacco received a radio run of a "burglary in progress * * * possible man with a gun" at 104-36 117th Street in Queens, N. Y. Upon reaching that address in his marked patrol car, he observed defendant in the driveway, gesturing with his hands and arguing with a man on the stoop about 10 feet away. According to the officer, the defendant appeared a little "restricted...

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