PEOPLE v. PERRY


77 A.D.2d 269 (1980)

The People of the State of New York, Respondent, v. William Perry, Appellant

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

November 20, 1980


Attorney(s) appearing for the Case

Joseph A. Phillips for appellant.

Jeffrey W. Meyers of counsel (Joyce P. Adolfsen with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SULLIVAN, LUPIANO and LYNCH, JJ., concur with KUPFERMAN, J. P.; FEIN, J., dissents in part in a separate opinion.


KUPFERMAN, J. P.

At approximately 6 P.M. on March 7, 1977, two police officers observed defendant on the roof of a building on West 149th Street in Manhattan. The defendant was familiar to both officers from photographs of known burglars circulated in the precinct station house and from a previous arrest made by one of these officers. The officers arrested defendant for burglary some 10 minutes later on a nearby...

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