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PEOPLE v. KIRBY

124 A.D.2d 67 (1987)

The People of the State of New York, Respondent, v. Willie Lee Kirby, Appellant

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

January 20, 1987

Attorney(s) appearing for the Case

Matthew Muraskin (Michael J. Obus and Kenneth Rabb of counsel), for appellant.

Denis Dillon, District Attorney (Anthony J. Girese and Marea M. Suozzi of counsel), for respondent.

MOLLEN, P. J., and BROWN, J., concur with KOOPER, J.; WEINSTEIN, J., dissents and votes to affirm the judgment appealed from with an opinion.

KOOPER, J.

At approximately 7:20 P.M. on March 23, 1983, Police Officers Connaughton and Hess responded to a radio transmission of a burglary in progress at 39 Lakeside Drive, Roosevelt, a residential home. The report gave no description of any suspect.

Upon their arrival at that address, the officers were informed by the woman who lived there that she had just arrived at home when she heard a loud crash...

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