PEOPLE v. POTTER


35 A.D.2d 1044 (1970)

The People of the State of New York, Appellant, v. James L. Potter, Respondent

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

December 21, 1970


On the afternoon of August 25, 1969 police officers seized a quantity of meat from a refrigerator located in an apartment which the respondent shared with one Paul Stupke and another. An affidavit by Stupke clearly indicates that when he was approached in front of the apartment by the police officers he was informed by them that he did not have to let them in and that he voluntarily admitted them, led them to the refrigerator and opened it for them. There is no evidence in...

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