PEOPLE v. VIZCAINO

3379, 4177/11.

148 A.D.3d 481 (2017)

2017 NY Slip Op 01811

50 N.Y.S.3d 38

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALDE VIZCAINO, Appellant.

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

Decided March 15, 2017.


The court properly denied defendant's suppression motion. Police, who undisputedly had a sufficient basis for a common-law inquiry of defendant based on their investigation of a robbery, entered defendant's apartment with the consent of another resident. After the resident who answered the door knocked on a bathroom door, defendant came out of the bathroom and complied with an officer's request to move to a position between two officers. Meanwhile, an officer told the victim...

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