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PEOPLE v. ESPOSITO

138 A.D.2d 733 (1988)

The People of the State of New York, Respondent, v. Joseph Esposito, Appellant

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

March 28, 1988

Ordered that the judgment is affirmed.

The arresting officer testified that upon his arrival at the complainants' house in response to a report of a burglary in progress, he observed a group of people holding the defendant in the driveway area. One of the people holding the defendant had a bat, and another one was holding a rake. The one with the bat told the officer that the defendant was caught breaking into the house, and the officer then separated the defendant...

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