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PEOPLE v. ROBERTSON

61 A.D.2d 600 (1978)

The People of the State of New York, Respondent, v. Ronald Robertson, Appellant

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

March 27, 1978

Attorney(s) appearing for the Case

David R. Carlin for appellant.

Billie Manning of counsel (Irwin Miller with her on the brief; Mario Merola, District Attorney), for respondent.

KUPFERMAN, J. P., YESAWICH, and SULLIVAN, JJ., concur with LUPIANO, J.; SANDLER, J., dissents in an opinion.

LUPIANO, J.

The People's case discloses that on November 9, 1973, at about 3:00 A.M., Oliver Stephen, the landlord of a two-family house located at 3343 Paulding Avenue, Bronx, New York, pursuant to complaints made by the downstairs tenant regarding the occupants of the second-floor apartment, investigated those premises. Not receiving a response after knocking on the upstairs apartment door, Stephen entered...

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