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PEOPLE v. DUNN

155 A.D.2d 75 (1990)

The People of the State of New York, Respondent, v. Jessie Dunn, Appellant

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

March 16, 1990

Attorney(s) appearing for the Case

Burton Ritter for appellant.

Kevin M. Dillon, District Attorney (Raymond Herman of counsel), for respondent.

BOOMER, J., concurs with DENMAN, J. P.; LAWTON, J., concurs in a separate opinion; GREEN and DAVIS, JJ., dissent in an opinion by GREEN, J.

DENMAN, J. P.

The question presented on this appeal is whether police violated defendant's rights under the Constitution of the United States (US Const 4th Amend) or the Constitution of the State of New York (NY Const, art I, § 12) by conducting a warrantless "canine sniff" outside the door of his apartment. For the reasons that follow, we conclude that defendant's rights against unreasonable search and...

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