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PEOPLE v. WESTERGARD

113 A.D.2d 640 (1985)

The People of the State of New York, Respondent, v. Scott W. Westergard, Appellant

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

December 30, 1985

Attorney(s) appearing for the Case

Steiman & Steinberg (David Steinberg of counsel), for appellant.

William V. Grady, District Attorney (Joan H. McCarthy of counsel), for respondent.

O'CONNOR and NIEHOFF, JJ., concur with WEINSTEIN, J.; LAZER, J. P., dissents and votes to reverse the judgment and order a new trial, with an opinion.

WEINSTEIN, J.

In the early morning hours of January 24, 1983, three business establishments along Raymond Avenue in Poughkeepsie were burglarized. Certain property was removed from the three premises, including approximately $50 from a paint store, the coin box from the cigarette vending machine inside a service station as well as a moneybag with a few rolls of coins and approximately $10 in coins and a soup...

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