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THE PEOPLE, app, v. TOMMEY VARGAS, def-res

THE PEOPLE, app, v. TOMMEY VARGAS, def-res (16/371) — Order (Armando Montano, J.), dated May 4, 2016, reversed, on the law, motion denied, the charges of petit larceny and criminal possession of stolen property in the fifth degree reinstated, and matter remanded to Criminal Court for further proceedings.

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THE PEOPLE, app, v. TOMMEY VARGAS, def-res (16/371) — Order (Armando Montano, J.), dated May 4, 2016, reversed, on the law, motion denied, the charges of petit larceny and criminal possession of stolen property in the fifth degree reinstated, and matter remanded to Criminal Court for further proceedings.

Defendant was charged with various crimes based upon allegations that he was observed “extracting mail” from a U.S. Post Office mailbox using a “homemade device with a sticky substance on one end.” The accusatory instrument, sworn to by the arresting officer, contained a (hearsay) statement attributed to Postal Inspector “Andre Esanna” indicating that the latter is the custodian of the subject mailbox and that defendant did not have permission or authority to remove any item of mail contained therein. On April 29, 2013, the People filed a statement of readiness along with a supporting deposition of Postal Inspector Esanna, wherein he states that “the facts stated in that complaint to be on information furnished by me are true upon my personal knowledge.”

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