PEOPLE v. ALLEN


109 A.D.2d 24 (1985)

The People of the State of New York, Respondent, v. Earl Allen, Appellant

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

June 4, 1985


Attorney(s) appearing for the Case

David Samel of counsel (William E. Hellerstein, attorney), for appellant.

Roger L. Stavis of counsel (Peter D. Coddington with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

MURPHY, P. J., and CARRO, J., concur with FEIN, J.; SANDLER and ROSS, JJ., dissent in an opinion by SANDLER, J.


FEIN, J.

At the Mapp hearing, Detective Taranto testified that on February 19, 1983 he was working the 4:00 P.M. to 1:00 A.M. tour of duty. During that time he accompanied 6 or 7 members of the Teaneck, New Jersey, Police Department to 1368 Webster Avenue in The Bronx, to execute a fugitive warrant. The New Jersey police sought one Timothy Frazier who was believed to live in apartment 12F in that building...

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