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PEOPLE v. DePACE

127 A.D.2d 847 (1987)

The People of the State of New York, Respondent, v. Carlton DePace, Appellant

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

February 23, 1987

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

At approximately 3:40 A.M. on January 3, 1985, Police Officer Michael Fitzpatrick received a radio transmission with respect to two white males with screwdrivers in the vicinity of 97 Cedarhurst Avenue in Cedarhurst, Long Island. Upon responding to that subject address...

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