PEOPLE v. INDIA


67 A.D.2d 488 (1979)

The People of the State of New York, Respondent, v. Jack India, Appellant

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

May 3, 1979


Attorney(s) appearing for the Case

William E. Hellerstein and Robert S. Dean for appellant.

Mario Merola, District Attorney (Thomas Gazianis and Billie Manning of counsel), for respondent.

SULLIVAN and LANE, JJ., concur with SANDLER, J.; FEIN, J. P., and SILVERMAN, J., dissent in part in an opinion by SILVERMAN, J.


SANDLER, J.

In the early afternoon of March 24, 1977, a security guard of the Fordham Hill Project, investigating a report of a "suspicious character", located the defendant on the 12th floor hallway of the apartment building at 2440 Sedgwick Avenue. When the defendant responded evasively to questions as to the reason for his presence, the guard, accompanied by the building superintendent, escorted him to the...

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