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PEOPLE v. SIVANO

174 Misc.2d 427 (1997)

666 N.Y.S.2d 875

The People of the State of New York, Appellant, v. Frank Sivano, Respondent.

Supreme Court, Appellate Term, Second Department.

August 12, 1997

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Andrew Zwerling and Elizabeth Fox of counsel), for appellant. Victor Knapp, Kew Gardens, for respondent.

KASSOFF, P. J., ARONIN and CHETTA, JJ., concur.

MEMORANDUM.

Order unanimously reversed on the law and information reinstated.

On December 5, 1995, Police Officer James Fitzpatrick and Police Officer Robert Filippi were in the parking lot of Hyland Park, Queens County, patrolling the park for stolen vehicles. Officer Fitzpatrick observed a van with the engine running and no one in the driver's seat. When the officer approached the van, he peered into the rear...

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