Order reversed on the law, motion denied, indictment reinstated and new trial ordered.
The People's evidence, if believed by the jury, proved that a police officer entered defendant's apartment and, opening his half-closed bedroom door, observed him lying alone in bed and a gun on a dresser about two feet from the bed. At the time of the police officer's entry into the apartment, about four persons were in the apartment's doorway and a room into which the apartment...
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