Ordered that the judgment is reversed, on the law and the facts, and a new trial is ordered.
During the early morning hours of May 23, 1984, John Wheeler, who was standing on an elevated subway platform, observed the defendant attempting to break into commercial premises through the roof, while another man at street level served as a "look-out". Wheeler immediately went to a pay phone and called 911 to report a burglary in progress. He then walked over to the location...
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