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PEOPLE v. GREEN

41 A.D.3d 162 (2007)

838 N.Y.S.2d 42

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GREEN, Appellant.

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

Decided June 12, 2007.

We initially held our determination of this appeal in abeyance and remanded the matter for a hearing (33 A.D.3d 452 [2006]) in accordance with People v Mendoza (82 N.Y.2d 415, 433-434 [1993]). As a result of the evidence adduced at that hearing, the court concluded that the security guard, an employee of Gap Incorporated who had observed defendant engage in shoplifting at one of Gap's Old Navy...

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