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PEOPLE v. THEISS

198 A.D.2d 17 (1993)

603 N.Y.S.2d 135

The People of the State of New York, Respondent, v. Christopher Theiss, True Name Fred Torbert, Jr., Appellant

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

November 4, 1993

Shortly before 11 A.M. on January 16, 1991, off duty Detective Stephen Berberich was sitting in his car in front of 155 West 71st Street between Columbus Avenue and Broadway, waiting for a parking space. He observed defendant, who was walking West and carrying a box of books under his arm, check the gate on the brownstone at 159 West 71st Street, and then proceed to the next building, 161 West 71st Street (hereafter "161"), whereupon defendant descended several steps and...

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