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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

New York Penal Law, § 400-408: Burglary in third degree.

"§ 404. Burglary in third degree.

A person who

With intent to commit a crime therein, breaks and enters a building, or a room, or any part of a building; or,
Being in any building, commits a crime therein and breaks out of the same,

Is guilty of burglary in the third degree."

"§ 407. Punishment for burglary.

Burglary is punishable by imprisonment in a state prison as follows:...

3. Burglary in the third degree, for a term not exceeding ten years." [Amended 1926]

(Note: Burglary in the first and second degree applies only to dwellings not businesses)

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Amie Taylor arrested Officer Harmon of the 18th Division arrested Amie Taylor, a twenty-one-year-old Black butcher, near Mario Pravia's candy store at 1953 7th Avenue around 11.30 PM. Harmon and at least one other police officer, Detective Harry Wolf of the 28th Precinct, reported seeing Taylor throw a stone at the store window and take merchandise from the window display. Wolf appears as a witness on the Magistrates Court affidavit and an arresting officer with Harmon on Taylor's criminal record. Taylor was also not alone; "about 5 others" threw stones at the store and took merchandise at the same time, while Pravia and his wife watched from inside, but police managed to arrest only Taylor. Harmon allegedly found eighteen packets of chewing gum, valued at three cents each, in his possession.

The New York Evening Journal identified a different officer as making the arrest, Deputy Chief Inspector John Ryan, in a vignette within the paper’s narrative of the disorder:
Deputy Chief Inspector John Ryan, in charge of all Manhattan detectives, figured in another incident in which police were forced to draw their revolvers, although no shot was fired. While speeding to the trouble zone, Ryan saw a group of men looting a store at 1952 Seventh ave. The detective chief, with his chauffeur, swung into action and attempted to round up the thieves. there was a terrific battle, but Ryan emerged from it with Amie Taylor, 21, as his prisoner.
No other sources support that account. The story's framing of the incident in relation to the force used by police does direct attention to the unremarked upon means by which police made arrests. The New York Evening Journal was one of several white newspapers that claimed that police showed restraint in responding to the disorder, and did not shoot at crowds until the after midnight, when looting became widespread. If police drew their revolvers but did not fire them in this "terrific battle," they likely used the gun butts as clubs, as they are in several photographs taken during the disorder.

Crowds had moved down 7th Avenue from West 125th Street around 10 PM. This event was the first this far south on the avenue. Taylor may have come from the opposite direction. He lived south of the store, at 1800 7th Avenue, next to Central Park, in an area home to Black, white and Spanish speaking residents. Taylor's first name caused confusion about his identity. In the 28th Precinct Police Blotter the name is "Annie," and he is identified as female, information likely responsible for Annie also being used in the list of those arrested in the Atlanta World, Afro-American, and Norfolk Journal and Gazette, and the list in the New York Evening Journal. While the Harlem Magistrates Court docket book identifies Taylor as male, the clerk recorded the name as Annie on his examination, and on the back of the Magistrates Court affidavit, where it is struck out and Amie written underneath.

When Taylor appeared in Harlem Magistrates Court on March 20 charged with burglary, Magistrate Renaud remanded him to appear again on March 22. Reporters from the New York Daily News, New York Evening Journal and Daily Worker were in court when Taylor appeared again; the Daily Worker somehow misreported his name as Annie. Renaud sent Taylor to the grand jury, who on April 3 transferred him to the Court of Special Sessions, which as it adjudicated misdemeanors, means they must have reduced the charge from burglary to an offense such as unlawful entry, petty larceny or disorderly conduct. Two weeks later, on April 17, the judges acquitted Taylor, according to the Police Blotter. Given the low value of the what Taylor allegedly stole – a total of 54c – it would not have been surprising to see him receive a minor punishment; but to acquit him the judges would have had to find fault with the evidence against him provided by Officer Harmon and Detective Wolf. The sources are silent on what alternative account of events Taylor offered, but others arrested in the disorder claimed to have been bystanders mistakenly grabbed by police trying to pick offenders out of crowds. It could also be that prosecutors could not prove that the chewing gum found on Taylor had been taken from the store; it was a common enough item, in a large but not inexplicable quantity, that he could have obtained it legitimately elsewhere.