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John Vivien arrested
Vivien lived at 483 Manhattan Avenue, two blocks west of Regal Shoes, near the corner of West 120th Street, on margins of the Black neighborhood. He is listed among those arrested and charged with burglary in the Atlanta World, Afro-American and Norfolk Journal and Guide, and New York Evening Journal, his name, misspelled Vivian. He appeared in the Harlem Magistrate's Court on March 20, where Magistrate Renaud held him for the grand jury on bail of $1000. It was not Vivien's first time in court; he had been arrested for robbery in 1929, a charge dismissed by a Magistrate according to his Criminal Record. The Home News reported those proceedings, also misspelling his name Vivian; the remainder of his prosecution is recorded only in legal records and police records. Vivien appeared before the grand jury on April 4, according to his District Attorney's case file; they sent him to the Court of Special Sessions rather than indicting him. That outcome indicates a lack of evidence that he had broken into the store, a requirement for a charge of burglary; the charge Vivien instead faced was likely petit larceny, a misdemeanor, as the value of the items he had taken were well below the $100 required for a charge of felony theft. The judges in that court convicted him on April 10 and suspended his sentence, an outcome recorded in the 28th Precinct Police Blotter.
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This page references:
- "Transcripts of Police Blotter - Precinct 28, March 19 & 20, 1935," MCCH - Juvenile Delinquency - 1935-36, Departmental Correspondence. Box 34, Folder 1 (Roll 171), Records of Mayor Fiorello H. La Guardia, 1934-1945.
- New York Penal Law, § 404, 407: Burglary in third degree.
- New York Penal Law, § 2120-2129: Robbery
- New York Penal Law, § 1298-1299: Petit Larceny
- Harlem Magistrates Court docket book
- District Attorney's Closed Case Files, 203990 (1935) (New York City Municipal Archives).