PEOPLE v. PEREZ


171 A.D.2d 454 (1991)

The People of the State of New York, Respondent, v. Julio Perez, Appellant

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

March 12, 1991


Defendant's motion to suppress physical evidence was properly denied. At approximately 3:00 A.M. on October 30, 1988, Susan Schiffman heard suspicious noises and voices at her neighbor's apartment door. Knowing this neighbor was vacationing, and after calling his apartment and not receiving a response, she called the police. The arresting officer discovered defendant and an accomplice crouched behind a cardboard box in a stairway leading to the roof; the accomplice carried...

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