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PEOPLE v. JOYNER

128 A.D.2d 548 (1987)

The People of the State of New York, Appellant, v. Kevin Joyner, Respondent

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

March 2, 1987

Ordered that the order is reversed, on the law, and the indictment is reinstated.

The Grand Jury testimony revealed that on July 20, 1985, sometime between 12:05 A.M. and 7:45 A.M., the door to the victim's home was kicked in or knocked down and, among other things, a television set and a VCR had been taken from the home. During this time, the defendant was seen parked in a car in front of the victim's home, and an individual...

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