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PEOPLE v. CARABALLO

188 A.D.2d 607 (1992)

The People of the State of New York, Respondent, v. Hector L. Caraballo, Also Known as Hector Carabatto, Appellant

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

December 21, 1992

Ordered that the judgment is affirmed.

Two police officers on patrol observed the defendant siphoning gas from a car and detained him while they made inquiry concerning ownership of the car. After the owner was located and signed a larceny affidavit, the officers arrested the defendant, who struggled and had to be restrained. In the confusion, the container into which the gasoline was being siphoned was left at the scene...

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