PEOPLE v. DOWDELL


113 A.D.2d 292 (1985)

The People of the State of New York, Appellant, v. John Dowdell, Respondent

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

December 17, 1985


Attorney(s) appearing for the Case

Steven Chananie of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

No appearance on behalf of respondent.

ASCH, FEIN, KASSAL and ELLERIN, JJ., concur.


SULLIVAN, J. P.

The People appeal from Trial Term's grant of a motion to set aside a guilty verdict, and the consequent dismissal of the indictment. The facts are uncontroverted.

On March 18, 1983, at about noon, Oswaldo Bueno, a tenant at 445 East 77th Street, whose apartment faced the rear of the building and looked out onto the roof of a garage which was used as a terrace, glanced out his apartment...

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