PEOPLE v. DAVIS


169 A.D.2d 16 (1991)

The People of the State of New York, Respondent, v. Michael Davis, Appellant

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

May 31, 1991


Attorney(s) appearing for the Case

Philip L. Weinstein (Arthur H. Hopkirk of counsel), for appellant.

John J. Santucci, District Attorney (Seymour Roth of counsel; Claire Martin on the brief), for respondent.

BROWN, BALLETTA, MILLER and O'BRIEN, JJ., concur.


THOMPSON, J. P.

On March 1, 1989, a New York City Marshal accompanied by two housing police officers went to the defendant's apartment to execute a warrant of eviction. The defendant does not dispute that the preliminary procedures outlined in RPAPL 749, designed to give a tenant notice in eviction proceedings, were followed. Upon their arrival, the officers knocked on the apartment door, which was opened by...

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