Ordered that the judgment is reversed, on the law, and a new trial is ordered.
According to the evidence adduced at the trial by the prosecution, the defendant and his two codefendants entered a Queens grocery store, and proceeded to a refrigerated display case, from which they removed 40-ounce bottles of malt liquor which they concealed in their pants. When they attempted to leave the store without paying for the malt liquor, they were met by the proprietor of the...
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