Defendant's conviction arises from his arrest in the early morning hours of May 15, 1984 when he was walking on East 179th Street carrying a public pay telephone with its receiver missing. The evidence at trial established that the telephone originally belonged to a nearby restaurant, where it had been mounted to a wall and was intact at the close of business on the preceding day.
The defendant was indicted and tried on charges of burglary in the third degree, grand...
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