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PEOPLE v. NESBY

161 A.D.2d 246 (1990)

The People of the State of New York, Respondent, v. Robert Nesby, Appellant

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

May 8, 1990

On the afternoon of September 11, 1987, the police responded to a radio call of a burglary in progress at 300 West 21st Street. In the hallway, they observed an apartment door partly ajar, its guard chain fastened, and the lock damaged. Once inside the apartment, the police observed defendant behind a wall holding a knapsack and a tote bag. Displaying their weapons, the police ordered defendant to come out with his hands up and...

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