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PEOPLE v. DAVILA

181 A.D.2d 582 (1992)

The People of the State of New York, Respondent, v. Mario Davila, Appellant

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

March 24, 1992

At 4:20 A.M., two police officers, observed defendant removing the change from a cash register of a dry cleaning store. Except for a broken gate leading to the basement area, the store was otherwise closed. Defendant was eventually apprehended in the basement of the store, with $21.90 in change on his person; other items were stacked near the broken gate.

In view of the overwhelming evidence of guilt, including not only...

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