PEOPLE v. SMARR


77 A.D.2d 854 (1980)

The People of the State of New York, Respondent, v. Will Smarr, Appellant

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

August 28, 1980


Unanimously reversed, on the law, the motion to suppress physical evidence granted, and indictment dismissed.

During the early evening hours of March 6, 1978, two New York City Housing Authority Police Officers, Angel Garcia and Peter Killie, were on routine foot patrol in the St. Nicholas Houses. Glancing through a rear stairway window, Officer Garcia noticed the defendant standing in front of an adjacent building some 90 feet away, also housing authority property...

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