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PEOPLE v. ROBINSON

265 A.D.2d 241 (1999)

697 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD ROBINSON, Appellant.

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

Decided October 26, 1999.

Defendant's breaking of a car window in the course of committing a petit larceny of the car's contents constituted, in addition to criminal mischief in the fourth degree (Penal Law § 145.00 [1]), auto stripping in the first degree (Penal Law former § 165.10 [1]), which is committed when a person "removes or intentionally destroys or defaces any part of a vehicle" (Penal Law former § 165.09 [1]) and has been previously convicted of auto stripping in the second...

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