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PEOPLE v. BLIM

63 N.Y.2d 718 (1984)

The People of the State of New York, Appellant, v. Andrew D. Blim, Respondent.

Court of Appeals of the State of New York.

Decided September 11, 1984.

Attorney(s) appearing for the Case

Stewart E. McDivitt, District Attorney (John L. Callaghan of counsel), for appellant.

L. Richard Stumbar for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division for consideration of the other alleged errors.

Defendant was convicted at trial of burglary in the third degree. Sergeant Daryl Avery of the Schuyler County Sheriff's Department testified for the prosecution that in the early morning hours of November 25, 1981 he responded to a burglar alarm at the Moose...

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