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PEOPLE v. BORGIA

263 A.D.2d 553 (1999)

692 N.Y.S.2d 780

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BORGIA, Appellant.

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

Decided July 1, 1999.

Crew III, J.

On August 16, 1995, Sullivan County Sheriff's Deputy Donald Starner, while on routine patrol, observed a cut screen and opened window at Lapidus Market located on State Route 55 in the Town of Bethel, Sullivan County. Upon closer inspection, Starner observed an individual inside the market. Starner exited his patrol vehicle and, as he approached the front of the market, observed an individual, whom he described at trial as a very thin white male with...

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