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PEOPLE v. PACHECO

107 A.D.2d 473 (1985)

The People of the State of New York, Respondent, v. Edwin Pacheco, Appellant

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

March 28, 1985

Attorney(s) appearing for the Case

Susan L. Valle of counsel (Jeremy Gutman with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

Theodore S. Green of counsel (William E. Hellerstein, attorney), for appellant.

MURPHY, P. J., and ASCH, J., concur with FEIN, J.; BLOOM and KASSAL, JJ., dissent in an opinion by BLOOM, J.

FEIN, J.

Defendant was convicted upon his plea of guilty to attempted criminal possession of a weapon in the third degree, and was sentenced to imprisonment of one year.

At approximately 11:00 P.M. on August 26, 1981, Police Officer Baile and two other plain-clothes police officers went to investigate a robbery and theft of a moped in the neighborhood of 630 East 138th Street, in The Bronx. The officers...

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