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PEOPLE v. NONNI

514/08

135 A.D.3d 52 (2015)

20 N.Y.S.3d 345

2015 NY Slip Op 08081

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK NONNI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE PARKER, Appellant.

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

Decided November 5, 2015.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Nicolas Schumann-Ortega of counsel), for Mark Nonni, appellant.

Steven Banks , The Legal Aid Society, New York City ( Lorraine Maddalo of counsel), for Lawrence Parker, appellant.

Mark Nonni, appellant pro se.

Robert T. Johnson , District Attorney, Bronx ( Rebecca L. Johannesen and Nancy D. Killian of counsel), for respondent.

ANDRIAS and SAXE, JJ., concur with FRIEDMAN, J.P., RICHTER and MANZANET-DANIELS, JJ., dissent in an opinion by MANZANET-DANIELS, J.

OPINION OF THE COURT

Police saw defendants leaving the property of a private country club at which a burglary had been reported just five minutes before. When the police approached defendants to make inquiries, defendants fled, leading to their apprehension and arrest. The country club's live-in caretaker subsequently identified...

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