PEOPLE v. CASTON


60 A.D.3d 1147 (2009)

874 N.Y.S.2d 623

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR CASTON, Appellant.

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

Decided March 12, 2009.


STEIN, J.

Lazaro Alonso arrived home one evening with his family and discovered defendant dressed in black clothing and wearing black gloves, crouched in a fetal position behind a tree, and within an arm's reach of a safe that was later determined to have been stolen from a nearby apartment. When Alonso questioned defendant about his presence on the property, defendant responded that he was "just listening to music." Alonso's wife called 911 and Alonso detained defendant...

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