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PEOPLE v. WALLACE

153 A.D.2d 59 (1989)

The People of the State of New York, Respondent, v. Avery Wallace, Appellant

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

December 29, 1989

Attorney(s) appearing for the Case

David Epstein for appellant.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood, Michael Gore, Sherry B. Bokser and Jonathan D. Sands of counsel), for respondent.

LAWRENCE, J. P., BALLETTA and ROSENBLATT, JJ., concur.

RUBIN, J.

The defendant and two codefendants, Michael Davis and James Fredericks, were charged with burglary in the third degree and related offenses arising from a burglary of Joe's Department Store, located at 1026 Manhattan Avenue, in Brooklyn, on September 13, 1985, at about 1:15 A.M. The defendants were apprehended by the police when they were discovered leaving...

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