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PEOPLE v. GAYNER H.

2 Misc.3d 44 (2003)

774 N.Y.S.2d 903

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GAYNER H., Appellant.

Supreme Court, Appellate Term, Second Department.

December 12, 2003.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Andrew C. Fine and Robert Budner of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment adjudicating defendant a youthful offender unanimously affirmed.

Defendant's contention that the People failed to comply with the notice requirement set forth in Penal Law § 450.10 is without merit since the police never had custody of the stolen merchandise (People v Williams, 214 A.D.2d 437 [1995]; People v Faucette, 201 A.D.2d 252...

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