The defendant in this case is being charged with violating Penal Law § 165.40 when he allegedly took a red machine from a water pollution control plant on January 29, 1993, at 12266 Flatlands Avenue in Kings County. At about 6:00 A.M. of that day, one of the plant employers got on a walkie talkie and announced that an unknown person was walking out with private property belonging to...
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