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PEOPLE v. BROWN

87 N.Y.2d 950 (1996)

663 N.E.2d 1255

641 N.Y.S.2d 225

The People of the State of New York, Respondent, v. Franklin B. Brown, Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1996.

Attorney(s) appearing for the Case

Kimberly A. Jordan, Syracuse, for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Gary T. Kelder and Gordon J. Cuffy of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be modified by vacating the conviction of burglary in the third degree and remitting to County Court, Onondaga County, for a new trial on that count, and, as so modified, affirmed.

Defendant was charged with burglary in the third degree and other crimes stemming from his entry into a service station at about 2:00 A.M. and theft of money from the cash register...

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