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PEOPLE v. VELEZ

155 A.D.2d 365 (1989)

The People of the State of New York, Respondent, v. Ramon Velez, Appellant

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

November 21, 1989

The location of the second individual was not so distant as to fall outside the ambit of People v Hedgeman (70 N.Y.2d 533 [1987]). Indeed, there was testimony that appellant struggled with the complainant while dragging her backwards towards an opening in the fence where the second man stood, and that thereupon defendant tossed the bag in the other man's direction, who then picked it up and fled. Based upon such evidence, a reasonable...

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