PEOPLE v. LUNA


164 A.D.2d 870 (1990)

The People of the State of New York, Respondent, v. Nelson Luna, Appellant

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

August 6, 1990


Ordered that the judgment is affirmed.

The testimony adduced at the suppression hearing established that the defendant was observed inside the locked front door of a restaurant at 5:20 A.M. by police officers responding to a burglary alarm. When the defendant saw the arresting officers in their patrol car in front of the building, he ran away from the front entrance, back into the restaurant's interior. The officers ran around to the rear of the building just in time...

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