PEOPLE v. HART


266 A.D.2d 584 (1999)

698 N.Y.S.2d 72

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN HART, Appellant.

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

Decided November 4, 1999.


Graffeo, J.

In the early morning of September 24, 1997 two individuals attempted to steal what was purported to be marihuana plants growing in defendant's barn, which was located a short distance from defendant's residence. When defendant was awakened by the sound of the intruders' automobile, he retrieved a handgun and exited his trailer. The two intruders, who were in the process of prying open the barn door with a crowbar, retreated to their automobile upon seeing...

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