PEOPLE v. CUNNINGHAM


135 A.D.2d 725 (1987)

The People of the State of New York, Respondent, v. Alvin Cunningham, Appellant

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

December 21, 1987


Ordered that the judgment is affirmed.

The sole issue on this appeal is the propriety of the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence. According to Officer Holihan, he and his partner responded to a radio dispatch of a burglary in progress at 144-11 Parsons Boulevard, apartment 207. Upon arriving at the second floor apartment two men exiting the apartment did not respond to the officers' inquiries...

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