PEOPLE v. CRUTCH


161 A.D.2d 401 (1990)

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

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

May 15, 1990


The basic issue raised by defendant is that the People failed to disprove that the hallway where he was frisked and arrested was part of his "home" within the context of Penal Law § 265.02 (4). However, it is uncontroverted that when defendant provided pedigree information after his arrest, he gave an address other than the building where the arrest took place. Likewise, the dispute in which the police intervened, and during which defendant's gun was recovered by the...

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