Judgment affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).
On the morning of December 3, 1979, the superintendent of the apartment building in which the defendant resided was advised by another tenant that the door to defendant's apartment was open and that the possibility of a burglary existed. The superintendent thereupon called the police and two uniformed officers responded at or about 11:25...
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