PEOPLE v. ALBERTI


111 A.D.2d 860 (1985)

The People of the State of New York, Appellant, v. Victor Alberti, Respondent

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

June 17, 1985


Order reversed, on the law and the facts, motion to suppress physical evidence denied, and matter remitted to Criminal Term for further proceedings.

Criminal Term found that Officer Hanna was on a public sidewalk when he knelt down, peered through an aperture beneath defendant's garage door, and observed a license plate registered to a stolen vehicle inside (see, People v Alberti, 124 Misc.2d 532). At the time...

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