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PEOPLE v. McDONALD

172 A.D.2d 275 (1991)

The People of the State of New York, Respondent, v. Brian McDonald, Appellant

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

April 11, 1991

Defendant was arrested after he emerged covered with white dust from a vacant store carrying a bundle of clothing. On investigation, it was ascertained that the clothing, worth $3,200, had been taken from the clothing store next door to the vacant store, and that there was a hole in the common wall. The floor of the clothing store was covered with a dust similar to that found on defendant, ostensibly gypsum dust. Under these circumstances...

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