PEOPLE v. HERNANDEZ


64 A.D.2d 906 (1978)

The People of the State of New York, Appellant, v. Nelson Hernandez, Respondent

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

August 7, 1978


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

Alerted by a radio alarm that a burglary was in progress at a specified location, several police officers dressed in civilian clothes, members of an anticrime unit, responded and, upon arriving at the scene, observed a tarpaulin or black skylight in the process of being opened on the roof of a building. The person observed sought to flee, but was recognized by one of the officers as a man (Martinez) whom...

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