PEOPLE v. MEROLA


30 A.D.2d 963 (1968)

The People of the State of New York, Appellant, v. Peter Merola and Charles McCole, Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 7, 1968


Order reversed, on the law and the facts, and motion denied.

The testimony by the police officers at the hearing established that at 4:10 A.M. a "burglary in progress" call was received via police radio; the officers proceeded to the scene; one observed a broken window in a business establishment, heard an alarm sounding from within and saw a man running toward an automobile which had its headlights on and whose "motor apparently was running"; and the suspect vehicle...

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